Chapter 5139: YOUTH SERVICES

(1)
"Commitment" means the transfer of the physical custody of a child or youth
from the court to the department of youth services.

(2)
"Permanent commitment" means a commitment that vests legal custody of a child
in the department of youth services.

(3)
"Legal custody," insofar as it pertains to the status that is created when a
child is permanently committed to the department of youth services, means a
legal status in which the department has the following rights and
responsibilities: the right to have physical possession of the child; the right
and duty to train, protect, and control the child; the responsibility to
provide the child with food, clothing, shelter, education, and medical care;
and the right to determine where and with whom the child shall live, subject to
the minimum periods of, or periods of, institutional care prescribed in
sections 2152.13 to
2152.18 of the Revised Code;
provided, that these rights and responsibilities are exercised subject to the
powers, rights, duties, and responsibilities of the guardian of the person of
the child, and subject to any residual parental rights and
responsibilities.

(4)
Unless the
context requires a different meaning, "institution" means a state facility that
is created by the general assembly and that is under the management and control
of the department of youth services or a private entity with which the
department has contracted for the institutional care and custody of felony
delinquents.

(5)
"Full-time
care" means care for twenty-four hours a day for over a period of at least two
consecutive weeks.

(6)
"Placement"
means the conditional release of a child under the terms and conditions that
are specified by the department of youth services. The department shall retain
legal custody of a child released pursuant to division (C) of section
2152.22 of the Revised Code or
division (C) of section
5139.06 of the Revised Code
until the time that it discharges the child or until the legal custody is
terminated as otherwise provided by law.

(7)
"Home placement" means the placement of a child in the home of the child's
parent or parents or in the home of the guardian of the child's
person.

(8)
"Discharge"
means that the department of youth services' legal custody of a child is
terminated.

(9)
"Release"
means the termination of a child's stay in an institution and the subsequent
period during which the child returns to the community under the terms and
conditions of supervised release.

(10)
"Delinquent child" has the same meaning as in section
2152.02 of the Revised
Code.

(11)
"Felony
delinquent" means any child who is at least ten years of age but less than
eighteen years of age and who is adjudicated a delinquent child for having
committed an act that if committed by an adult would be a felony. "Felony
delinquent" includes any adult who is between the ages of eighteen and
twenty-one and who is in the legal custody of the department of youth services
for having committed an act that if committed by an adult would be a
felony.

(12)
"Juvenile
traffic offender" has the same meaning as in section
2152.02 of the Revised
Code.

(a)
Felony delinquents who have been committed to the department of youth services
for the commission of an act, other than a violation of section
2911.01 or
2911.11 of the Revised Code,
that is a category one offense or a category two offense and who are in the
care and custody of an institution or have been diverted from care and custody
in an institution and placed in a community corrections facility;

(b)
Felony delinquents who, while committed to the department of youth services and
in the care and custody of an institution or a community corrections facility,
are adjudicated delinquent children for having committed in that institution or
community corrections facility an act that if committed by an adult would be a
misdemeanor or a felony;

(i)
They are at least ten years of age but less than eighteen years of
age.

(ii)
They are
adjudicated delinquent children for having committed acts that if committed by
an adult would be a felony.

(iii)
They are committed to the department of youth services by the juvenile court of
a county that has had one-tenth of one per cent or less of the statewide
adjudications for felony delinquents as averaged for the past four fiscal
years.

(iv)
They are in
the care and custody of an institution or a community corrections
facility.

(d)
Felony
delinquents who, while committed to the department of youth services and in the
care and custody of an institution are serving disciplinary time for having
committed an act described in division (A)(18)(a), (b), or (c) of this section,
and who have been institutionalized or institutionalized in a secure facility
for the minimum period of time specified in divisions (A)(1)(b) to (e) of
section 2152.16 of the Revised
Code.

(e)
Felony
delinquents who are subject to and serving a three-year period of commitment
order imposed by a juvenile court pursuant to divisions (A) and (B) of section
2152.17 of the Revised Code for
an act, other than a violation of section
2911.11 of the Revised Code,
that would be a category one offense or category two offense if committed by an
adult.

(f)
Felony
delinquents who are described in divisions (A)(13)(a) to (e) of this section,
who have been granted a judicial release to court supervision under division
(B) or (D) of section
2152.22 of the Revised Code or a
judicial release to the department of youth services supervision under division
(C) or (D) of that section from the commitment to the department of youth
services for the act described in divisions (A)(13)(a) to (e) of this section,
who have violated the terms and conditions of that release, and who, pursuant
to an order of the court of the county in which the particular felony
delinquent was placed on release that is issued pursuant to division (E) of
section 2152.22 of the Revised Code,
have been returned to the department for institutionalization or
institutionalization in a secure facility.

(g)
Felony delinquents who have been committed to the custody of the department of
youth services, who have been granted supervised release from the commitment
pursuant to section 5139.51 of the Revised Code, who
have violated the terms and conditions of that supervised release, and who,
pursuant to an order of the court of the county in which the particular child
was placed on supervised release issued pursuant to division (F) of section
5139.52 of the Revised Code,
have had the supervised release revoked and have been returned to the
department for institutionalization. A felony delinquent described in this
division shall be a public safety bed only for the time during which the felony
delinquent is institutionalized as a result of the revocation subsequent to the
initial ninety-day period of institutionalization required by division (F) of
section 5139.52 of the Revised
Code.

(14)
Unless the
context requires a different meaning, "community corrections facility" means a
county or multicounty rehabilitation center for felony delinquents who have
been committed to the department of youth services and diverted from care and
custody in an institution and placed in the rehabilitation center pursuant to
division (E) of section
5139.36 of the Revised
Code.

(15)
"Secure
facility" means any facility that is designed and operated to ensure that all
of its entrances and exits are under the exclusive control of its staff and to
ensure that, because of that exclusive control, no child who has been
institutionalized in the facility may leave the facility without permission or
supervision.

(16)
"Community
residential program" means a program that satisfies both of the following:

(a)
It
is housed in a building or other structure that has no associated major
restraining construction, including, but not limited to, a security
fence.

(b)
It provides
twenty-four-hour care, supervision, and programs for felony delinquents who are
in residence.

(17)
"Category
one offense" and "category two offense" have the same meanings as in section
2152.02 of the Revised
Code.

(18)
"Disciplinary time" means additional time that the department of youth services
requires a felony delinquent to serve in an institution, that delays the felony
delinquent's planned release, and that the department imposes upon the felony
delinquent following the conduct of an internal due process hearing for having
committed any of the following acts while committed to the department and in
the care and custody of an institution:

(c)
An
act that is not described in division (A)(18)(a) or (b) of this section and
that violates an institutional rule of conduct of the
department.

(19)
"Unruly
child" has the same meaning as in section
2151.022 of the Revised
Code.

(20)
"Revocation" means the act of revoking a child's supervised release for a
violation of a term or condition of the child's supervised release in
accordance with section
5139.52 of the Revised
Code.

(21)
"Release
authority" means the release authority of the department of youth services that
is established by section
5139.50 of the Revised
Code.

(22)
"Supervised
release" means the event of the release of a child under this chapter from an
institution and the period after that release during which the child is
supervised and assisted by an employee of the department of youth services
under specific terms and conditions for reintegration of the child into the
community.

(23)
"Victim"
means the person identified in a police report, complaint, or information as
the victim of an act that would have been a criminal offense if committed by an
adult and that provided the basis for adjudication proceedings resulting in a
child's commitment to the legal custody of the department of youth
services.

(24)
"Victim's
representative" means a member of the victim's family or another person whom
the victim or another authorized person designates in writing, pursuant to
section 5139.56 of the Revised Code, to
represent the victim with respect to proceedings of the release authority of
the department of youth services and with respect to other matters specified in
that section.

(25)
"Member of
the victim's family" means a spouse, child, stepchild, sibling, parent,
stepparent, grandparent, other relative, or legal guardian of a child but does
not include a person charged with, convicted of, or adjudicated a delinquent
child for committing a criminal or delinquent act against the victim or another
criminal or delinquent act arising out of the same conduct, criminal or
delinquent episode, or plan as the criminal or delinquent act committed against
the victim.

(26)
"Judicial
release to court supervision" means a release of a child from institutional
care or institutional care in a secure facility that is granted by a court
pursuant to division (B) of section
2152.22 of the Revised Code
during the period specified in that division or that is granted by a court to
court supervision pursuant to division (D) of that section during the period
specified in that division.

(27)
"Judicial release to department of youth services supervision" means a release
of a child from institutional care or institutional care in a secure facility
that is granted by a court pursuant to division (C) of section
2152.22 of the Revised Code
during the period specified in that division or that is granted to department
supervision by a court pursuant to division (D) of that section during the
period specified in that division.

(28)
"Juvenile justice system" includes all of the functions of the juvenile courts,
the department of youth services, any public or private agency whose purposes
include the prevention of delinquency or the diversion, adjudication,
detention, or rehabilitation of delinquent children, and any of the functions
of the criminal justice system that are applicable to children.

(29)
"Metropolitan county criminal justice services agency" means an agency that is
established pursuant to division (A) of section
5502.64 of the Revised
Code.

(30)
"Administrative planning district" means a district that is established
pursuant to division (A) or (B) of section
5502.66 of the Revised
Code.

(31)
"Criminal
justice coordinating council" means a criminal justice services agency that is
established pursuant to division (D) of section
5502.66 of the Revised
Code.

(32)
"Comprehensive plan" means a document that coordinates, evaluates, and
otherwise assists, on an annual or multi-year basis, all of the functions of
the juvenile justice systems of the state or a specified area of the state,
that conforms to the priorities of the state with respect to juvenile justice
systems, and that conforms with the requirements of all federal criminal
justice acts. These functions include, but are not limited to, all of the
following:

(B)
There is hereby created the department of youth services. The governor shall
appoint the director of the department with the advice and consent of the
senate. The director shall hold office during the term of the appointing
governor but subject to removal at the pleasure of the governor. Except as
otherwise authorized in section
108.05 of the Revised Code, the
director shall devote the director's entire time to the duties of the
director's office and shall hold no other office or position of trust or profit
during the director's term of office.

The director is the chief
executive and administrative officer of the department and has all the powers
of a department head set forth in Chapter 121. of the Revised Code. The
director may adopt rules for the government of the department, the conduct of
its officers and employees, the performance of its business, and the custody,
use, and preservation of the department's records, papers, books, documents,
and property. The director shall be an appointing authority within the meaning
of Chapter 124. of the Revised Code. Whenever this or any other chapter or
section of the Revised Code imposes a duty on or requires an action of the
department, the duty or action shall be performed by the director or, upon the
director's order, in the name of the department.

(1)
As used in this section, "managing officer" means
a deputy director, an assistant deputy director, a superintendent, a regional
administrator, a deputy superintendent, or the superintendent of schools of the
department of youth services, a member of the release authority, the chief of
staff to the release authority, and the victims administrator of the office of
victim services.

(2)
Each division established by the director of youth
services shall consist of managing officers and other employees, including
those employed in institutions and regions as necessary to perform the
functions assigned to them. The director or appropriate deputy director or
managing officer of the department shall supervise the work of each division
and determine general policies governing the exercise of powers vested in the
department and assigned to each division. The appropriate managing officer or
deputy director is responsible to the director for the organization, direction,
and supervision of the work of the division or unit and for the exercise of the
powers and the performance of the duties of the department assigned to it and,
with the director's approval, may establish bureaus or other administrative
units within the department.

(B)
The
director shall appoint all managing officers, who shall be in the unclassified
civil service. The director may appoint a person who holds a certified position
in the classified service within the department to a position as a managing
officer within the department. A person appointed pursuant to this division to
a position as a managing officer shall retain the right to resume the position
and status held by the person in the classified service immediately prior to
the person's appointment as managing officer, regardless of the number of
positions the person held in the unclassified service. A managing officer's
right to resume a position in the classified service may only be exercised when
the director demotes the managing officer to a pay range lower than the
managing officer's current pay range or revokes the managing officer's
appointment to the position of managing officer. A person who holds a position
in the classified service and who is appointed to the position of managing
officer on or after January 1, 2016, shall have the right to resume a position
in the classified service under this division only within five years after the
effective date of the person's appointment as managing officer. A managing
officer forfeits the right to resume a position in the classified service when
the managing officer is removed from the position of managing officer due to
incompetence, inefficiency, dishonesty, drunkenness, immoral conduct,
insubordination, discourteous treatment of the public, neglect of duty,
violation of this chapter or Chapter 124. of the Revised Code, the rules of the
director of youth services or the director of administrative services, any
other failure of good behavior, any other acts of misfeasance, malfeasance, or
nonfeasance in office, or conviction of a felony while
employed in the civil service. A managing officer also forfeits the right
to resume a position in the classified service upon transfer to a different
agency.

Reinstatement to a
position in the classified service shall be to the position held in the
classified service immediately prior to appointment as managing officer, or to
another position certified by the director of administrative services as being
substantially equal to that position. If the position the person previously
held in the classified service immediately prior to appointment as a managing
officer has been placed in the unclassified service or is otherwise
unavailable, the person shall be appointed to a position in the classified
service within the department that the director of administrative services
certifies is comparable in compensation to the position the person previously
held in the classified service. Service as a managing officer shall be counted
as service in the position in the classified service held by the person
immediately prior to the person's appointment as a managing officer. If a
person is reinstated to a position in the classified service under this
division, the person shall be returned to the pay range and step to which the
person had been assigned at the time of the appointment as managing officer.
Longevity, where applicable, shall be calculated pursuant to the provisions of
section 124.181 of the Revised
Code.

(C)
Each person appointed as a managing officer shall
have received special training and shall have experience in the type of work
that the person's division is required to perform. Each managing officer, under
the supervision of the director, has entire charge of the division,
institution, unit, or region for which the managing officer is appointed and,
with the director's approval, shall appoint necessary employees and may remove
them for cause.

(D)
The director may designate one or more deputy
directors to sign any personnel actions on the director's behalf. The director
shall make a designation in a writing signed by the director, and the
designation shall remain in effect until the director revokes or supersedes it
with a new designation.

(A)
The department of youth services shall control and
manage all state institutions or facilities established or created for the
training or rehabilitation of delinquent children committed to the department,
except where the control and management of an institution or facility is vested
by law in another agency. The department shall employ, in addition to other
personnel authorized under Chapter 5139. of the Revised Code, sufficient
personnel to maintain food service and buildings and grounds
operations.

(B)
The department of youth services shall, insofar as
practicable, purchase foods and other commodities incident to food service
operations from the department of mental health and addiction services. The
department of youth services may enter into agreements with the department of
mental health and addiction services providing for assistance and consultation
in the construction of, or major modifications to, capital facilities of the
department of youth services.

(C)
The directors of mental health and addiction
services and of youth services shall enter into written agreements to implement
this section. Such directors may, from time to time, amend any agreements
entered into under this section for the purposes of making more efficient use
of personnel, taking advantage of economies in quantity purchasing, or for any
other purpose which is mutually advantageous to both the department of youth
services and the department of mental health and addiction services.

(A)
Support service districts through a central administrative office that shall
have as its administrative head a deputy director who shall be appointed by the
director of the department. When a vacancy occurs in the office of that deputy
director, an assistant deputy director shall act as that deputy director until
the vacancy is filled. The position of deputy director and assistant deputy
director described in this division shall be in the unclassified civil service
of the state.

(B)
Receive custody of all children committed to it
under Chapter 2152. of the Revised Code, cause a study to be made of those
children, and issue any orders, as it considers best suited to the needs of any
of those children and the interest of the public, for the treatment of each of
those children;

(D)
Adopt rules that regulate its organization and
operation, that implement sections 5139.34 and 5139.41 to 5139.43 of the
Revised Code, and that pertain to the administration of other sections of this
chapter;

(E)
Submit reports of its operations to the governor
and the general assembly by the thirty-first day of January of each
odd-numbered year;

(F)
Conduct a program of research in diagnosis,
training, and treatment of delinquent children to evaluate the effectiveness of
the department's services and to develop more adequate methods;

(G)
Develop a standard form for the disposition investigation report that a
juvenile court is required pursuant to section 2152.18 of the Revised Code to
complete and provide to the department when the court commits a child to the
legal custody of the department;

(H)
Provide the state public defender the reasonable access
authorized under division (I) of section 120.06 of the Revised Code in order to
fulfill the department's constitutional obligation to provide juveniles who
have been committed to the department's care access to the courts.

(I)
Do all other acts necessary or desirable to carry
out this chapter.

(A)
The juvenile court may commit any child to the
department of youth services as authorized in Chapter 2152. of the Revised
Code, provided that any child so committed shall be at least ten years of age
at the time of the child's delinquent act, and, if the child is ten or eleven
years of age, the delinquent act is a violation of section 2909.03 of the
Revised Code or would be aggravated murder, murder, or a first or second degree
felony offense of violence if committed by an adult. Any order to commit a
child to an institution under the control and management of the department
shall have the effect of ordering that the child be committed to the department
and assigned to an institution or placed in a community
corrections facility in accordance with division (E) of section 5139.36 of the
Revised Code as follows:

(1)
For an
indefinite term consisting of the prescribed minimum period specified by the
court under division (A)(1) of section 2152.16 of the Revised Code and a
maximum period not to exceed the child's attainment of twenty-one years of age,
if the child was committed pursuant to section 2152.16 of the Revised
Code;

(2)
Until
the child's attainment of twenty-one years of age, if the child was committed
for aggravated murder or murder pursuant to section 2152.16 of the Revised
Code;

(3)
For a
period of commitment that shall be in addition to, and shall be served
consecutively with and prior to, a period of commitment described in division
(A)(1) or (2) of this section, if the child was committed pursuant to section
2152.17 of the Revised Code;

(4)
If the
child is ten or eleven years of age, to an institution, a residential care
facility, a residential facility, or a facility licensed by the department of
job and family services that the department of youth services considers best
designated for the training and rehabilitation of the child and protection of
the public. The child shall be housed separately from children who are twelve
years of age or older until the child is released or discharged or until the
child attains twelve years of age, whichever occurs first. Upon the child's
attainment of twelve years of age, if the child has not been released or
discharged, the department is not required to house the child
separately.

(1)
Except as otherwise provided in section 5139.54 of
the Revised Code, the release authority of the department of youth services, in
accordance with section 5139.51 of the Revised Code and at any time after the
end of the minimum period specified under division (A)(1) of section 2152.16 of
the Revised Code, may grant the release from custody of any child committed to
the department.

The order committing
a child to the department of youth services shall state that the child has been
adjudicated a delinquent child and state the minimum period. The jurisdiction
of the court terminates at the end of the minimum period except as
follows:

(a)
In
relation to judicial release procedures, supervision, and violations;

(b)
With
respect to functions of the court related to the revocation of supervised
release that are specified in sections 5139.51 and 5139.52 of the Revised
Code;

(c)
In
relation to its duties relating to serious youthful offender dispositional
sentences under sections 2152.13 and 2152.14 of the Revised
Code.

(2)
When a child has been committed to the department
under section 2152.16 of the Revised Code, the department shall retain legal
custody of the child until one of the following:

(a)
The
department discharges the child to the exclusive management, control, and
custody of the child's parent or the guardian of the child's person or, if the
child is eighteen years of age or older, discharges the child.

(b)
The
committing court, upon its own motion, upon petition of the parent, guardian of
the person, or next friend of a child, or upon petition of the department,
terminates the department's legal custody of the child.

(c)
The
committing court grants the child a judicial release to court supervision under
section 2152.22 of the Revised Code.

(d)
The
department's legal custody of the child is terminated automatically by the
child attaining twenty-one years of age.

(e)
If the
child is subject to a serious youthful offender dispositional sentence, the
adult portion of that dispositional sentence is imposed under section 2152.14
of the Revised Code.

(C)
When a child is committed to the department of
youth services, the department may assign the child to a hospital for mental,
physical, and other examination, inquiry, or treatment for the period of time
that is necessary. The department may remove any child in its custody to a
hospital for observation, and a complete report of every observation at the
hospital shall be made in writing and shall include a record of observation,
treatment, and medical history and a recommendation for future treatment,
custody, and maintenance. The department shall thereupon order the placement
and treatment that it determines to be most conducive to the purposes of
Chapters 2151. and 5139. of the Revised Code. The committing court and all
public authorities shall make available to the department all pertinent data in
their possession with respect to the case.

(D)
Records maintained by the department of youth
services pertaining to the children in its custody shall be accessible only to
department employees, except by consent of the department, upon the order of
the judge of a court of record, or as provided in divisions (D)(1) and (2) of
this section. These records shall not be considered "public records," as
defined in section 149.43 of the Revised Code.

(1)
Except
as otherwise provided by a law of this state or the United States, the
department of youth services may release records that are maintained by the
department of youth services and that pertain to children in its custody to the
department of rehabilitation and correction regarding persons who are under the
jurisdiction of the department of rehabilitation and correction and who have
previously been committed to the department of youth services. The department
of rehabilitation and correction may use those records for the limited purpose
of carrying out the duties of the department of rehabilitation and correction.
Records released by the department of youth services to the department of
rehabilitation and correction shall remain confidential and shall not be
considered public records as defined in section 149.43 of the Revised
Code.

(2)
The
department of youth services shall provide to the superintendent of the school
district in which a child discharged or released from the custody of the
department is entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code the records described in divisions (D)(4)(a) to (d) of section
2152.18 of the Revised Code. Subject to the provisions of section 3319.321 of
the Revised Code and the Family Educational Rights and Privacy Act, 20 U.S.C.
1232g, as amended, the records released to the superintendent shall remain
confidential and shall not be considered public records as defined in section
149.43 of the Revised Code.

(1)
When a child is committed to the department of
youth services, the department, orally or in writing, shall notify the parent,
guardian, or custodian of a child that the parent, guardian, or custodian may
request at any time from the superintendent of the institution in which the
child is located any of the information described in divisions (E)(1)(a), (b),
(c), and (d) of this section. The parent, guardian, or custodian may provide
the department with the name, address, and telephone number of the parent,
guardian, or custodian, and, until the department is notified of a change of
name, address, or telephone number, the department shall use the name, address,
and telephone number provided by the parent, guardian, or custodian to provide
notices or answer inquiries concerning the following information:

(a)
When
the department of youth services makes a permanent assignment of the child to a
facility, the department, orally or in writing and on or before the third
business day after the day the permanent assignment is made, shall notify the
parent, guardian, or custodian of the child of the name of the facility to
which the child has been permanently assigned.

If a parent,
guardian, or custodian of a child who is committed to the department of youth
services requests, orally or in writing, the department to provide the parent,
guardian, or custodian with the name of the facility in which the child is
currently located, the department, orally or in writing and on or before the
next business day after the day on which the request is made, shall provide the
name of that facility to the parent, guardian, or custodian.

(b)
If a
parent, guardian, or custodian of a child who is committed to the department of
youth services, orally or in writing, asks the superintendent of the
institution in which the child is located whether the child is being
disciplined by the personnel of the institution, what disciplinary measure the
personnel of the institution are using for the child, or why the child is being
disciplined, the superintendent or the superintendent's designee, on or before
the next business day after the day on which the request is made, shall provide
the parent, guardian, or custodian with written or oral responses to the
questions.

(c)
If a
parent, guardian, or custodian of a child who is committed to the department of
youth services, orally or in writing, asks the superintendent of the
institution in which the child is held whether the child is receiving any
medication from personnel of the institution, what type of medication the child
is receiving, or what condition of the child the medication is intended to
treat, the superintendent or the superintendent's designee, on or before the
next business day after the day on which the request is made, shall provide the
parent, guardian, or custodian with oral or written responses to the
questions.

(d)
When a
major incident occurs with respect to a child who is committed to the
department of youth services, the department, as soon as reasonably possible
after the major incident occurs, shall notify the parent, guardian, or
custodian of the child that a major incident has occurred with respect to the
child and of all the details of that incident that the department has
ascertained.

(2)
The failure of the department of youth services to
provide any notification required by or answer any requests made pursuant to
division (E) of this section does not create a cause of action against the
state.

(F)
The
department of youth services, as a means of punishment while the child is in
its custody, shall not prohibit a child who is committed to the department from
seeing that child's parent, guardian, or custodian during standard visitation
periods allowed by the department of youth services unless the superintendent
of the institution in which the child is held determines that permitting that
child to visit with the child's parent, guardian, or custodian would create a
safety risk to that child, that child's parents, guardian, or custodian, the
personnel of the institution, or other children held in that
institution.

(1)
"Permanent assignment" means the assignment or transfer for an extended period
of time of a child who is committed to the department of youth services to a
facility in which the child will receive training or participate in activities
that are directed toward the child's successful rehabilitation. "Permanent
assignment" does not include the transfer of a child to a facility for judicial
release hearings pursuant to section 2152.22 of the Revised Code or for any
other temporary assignment or transfer to a facility.

(2)
"Major
incident" means the escape or attempted escape of a child who has been
committed to the department of youth services from the facility to which the
child is assigned; the return to the custody of the department of a child who
has escaped or otherwise fled the custody and control of the department without
authorization; the allegation of any sexual activity with a child committed to
the department; physical injury to a child committed to the department as a
result of alleged abuse by department staff; an accident resulting in injury to
a child committed to the department that requires medical care or treatment
outside the institution in which the child is located; the discovery of a
controlled substance upon the person or in the property of a child committed to
the department; a suicide attempt by a child committed to the department; a
suicide attempt by a child committed to the department that results in injury
to the child requiring emergency medical services outside the institution in
which the child is located; the death of a child committed to the department;
an injury to a visitor at an institution under the control of the department
that is caused by a child committed to the department; and the commission or
suspected commission of an act by a child committed to the department that
would be an offense if committed by an adult.

(3)
"Sexual
activity" has the same meaning as in section 2907.01 of the Revised
Code.

(4)
"Controlled substance" has the same meaning as in section 3719.01 of the
Revised Code.

(5)
"Residential care facility" and "residential facility" have the same meanings
as in section 2151.011 of the Revised Code.

(A)
When a child has been committed to the department
of youth services, the department shall do both of the following:

(1)
Place the child in an appropriate institution under the condition that it
considers best designed for the training and rehabilitation of the child and
the protection of the public, provided that the institutional placement shall
be consistent with the order committing the child to its custody;

(2)
Maintain the child in institutional care or institutional care in a secure
facility for the required period of institutionalization in a manner consistent
with division (A)(1) of section
2152.16 and divisions (A) to (F)
of section 2152.17 of the Revised Code,
whichever are applicable, and with section
5139.38 or division (B), (C), or
(D) of section 2152.22 of the Revised
Code.

(B)
When a child has been committed to the department
of youth services and has not been institutionalized or institutionalized in a
secure facility for the prescribed minimum period of time, including, but not
limited to, a prescribed period of time under division (A)(1)(a) of section
2152.16 of the Revised Code, the
department, the child, or the child's parent may request the court that
committed the child to order a judicial release to court supervision or a
judicial release to department of youth services supervision in accordance with
division (B), (C), or (D) of section
2152.22 of the Revised Code, and
the child may be released from institutionalization or institutionalization in
a secure facility in accordance with the applicable division. A child in those
circumstances shall not be released from institutionalization or
institutionalization in a secure facility except in accordance with section
2152.22 or
5139.38 of the Revised Code.
When a child is released pursuant to a judicial release to court supervision
under division (B) or (D) of section
2152.22 of the Revised Code, the
department shall comply with division (B)(3) of that section and, if the court
requests, shall send the committing court a report on the child's progress in
the institution and recommendations for conditions of supervision by the court
after release. When a child is released pursuant to a judicial release to
department of youth services supervision under division (C) or (D) of section
2152.22 of the Revised Code, the
department shall comply with division (C)(3) of that section relative to the
child and shall send the committing court and the juvenile court of the county
in which the child is placed a copy of the treatment and rehabilitation plan
described in that division and the conditions that it fixed. The court of the
county in which the child is placed may adopt the conditions as an order of the
court and may add any additional consistent conditions it considers
appropriate, provided that the court may not add any condition that decreases
the level or degree of supervision specified by the department in its plan,
that substantially increases the financial burden of supervision that will be
experienced by the department, or that alters the placement specified by the
department in its plan. Any violations of the conditions of the child's
judicial release or early release shall be handled pursuant to division (E) of
section 2152.22 of the Revised
Code.

(C)
When a child has been committed to the department
of youth services, the department may do any of the following:

(1)
Notwithstanding the provisions of this chapter, Chapter 2151., or Chapter 2152.
of the Revised Code that prescribe required periods of institutionalization,
transfer the child to any other state institution, whenever it appears that the
child by reason of mental illness or ether-developmental disability ought to be in another
state institution. Before transferring a child to any other state institution,
the department shall include in the minutes a record of the order of transfer
and the reason for the transfer and, at least seven days prior to the transfer,
shall send a certified copy of the order to the person shown by its record to
have had the care or custody of the child immediately prior to the child's
commitment. Except as provided in division (C)(2) of this section, no person
shall be transferred from a benevolent institution to a correctional
institution or to a facility or institution operated by the department of youth
services.

(2)
Notwithstanding the provisions of this chapter, Chapter 2151., or Chapter 2152.
of the Revised Code that prescribe required periods of institutionalization,
transfer the child under section
5120.162 of the Revised Code to
a correctional medical center established by the department of rehabilitation
and correction, whenever the child has an illness, physical condition, or other
medical problem and it appears that the child would benefit from diagnosis or
treatment at the center for that illness, condition, or problem. Before
transferring a child to a center, the department of youth services shall
include in the minutes a record of the order of transfer and the reason for the
transfer and, except in emergency situations, at least seven days prior to the
transfer, shall send a certified copy of the order to the person shown by its
records to have had the care or custody of the child immediately prior to the
child's commitment. If the transfer of the child occurs in an emergency
situation, as soon as possible after the decision is made to make the transfer,
the department of youth services shall send a certified copy of the order to
the person shown by its records to have had the care or custody of the child
immediately prior to the child's commitment. A transfer under this division
shall be in accordance with the terms of the agreement the department of youth
services enters into with the department of rehabilitation and correction under
section 5120.162 of the Revised Code and
shall continue only as long as the child reasonably appears to receive benefit
from diagnosis or treatment at the center for an illness, physical condition,
or other medical problem.

(3)
Revoke or modify any order of the department except an order of discharge as
often as conditions indicate it to be desirable;

(4)
If
the child was committed pursuant to division (A)(1)(b), (c), (d), or (e) of
section 2152.16 of the Revised Code and
has been institutionalized or institutionalized in a secure facility for the
prescribed minimum periods of time under the division pursuant to which the
commitment was made, assign the child to a family home, a group care facility,
or other place maintained under public or private auspices, within or without
this state, for necessary treatment and rehabilitation, the costs of which may
be paid by the department, provided that the department shall notify the
committing court, in writing, of the place and terms of the assignment at least
fifteen days prior to the scheduled date of the assignment;

(5)
Release the child from an institution in accordance with sections
5139.51 to
5139.54 of the Revised Code in
the circumstances described in those sections.

(D)
The department of youth services shall notify the committing court of any order
transferring the physical location of any child committed to it in accordance
with section 5139.35 of the Revised Code.
Upon the discharge from its custody and control, the department may petition
the court for an order terminating its custody and control.

(a)
As a means
of correcting the socially harmful tendencies of a child committed to it, the
department of youth services may require a child to participate in vocational,
physical, and corrective training and activities, and the conduct and modes of
life that seem best adapted to rehabilitate the child and fit the child for
return to full liberty without danger to the public welfare.

(b)
Except as otherwise provided, the
department shall require any child committed to it who has not attained a
diploma or certificate of high school equivalence, to participate in courses
leading toward a high school diploma or an Ohio certificate of high school
equivalence. This requirement does not apply to a child in an assessment
program or treatment intervention program prescribed by the department.

(c)
The department may monetarily
compensate the child for the activities described in this section by
transferring the wages of the child for those activities to the appropriate
youth benefit fund created under section
5139.86 of the Revised Code.

(d)
This section does not permit
the department to release a child committed to it from institutional care or
institutional care in a secure facility, whichever is applicable, other than in
accordance with sections
2152.22,
5139.06,
5139.38, and
5139.50 to
5139.54 of the Revised Code.

(2)
The failure of the
department of youth services to provide, pursuant to division (A)(1) of this
section, an opportunity for any child committed to it to participate in courses
that lead to a high school diploma or an Ohio certificate of high school
equivalence, does not give rise to a claim for damages against the department.

(B)
The department may
require a child committed to it to return to the child's home or to be placed
in a foster care placement if it is authorized to make a placement of that
nature under sections
2152.22,
5139.06,
5139.38, and
5139.50 to
5139.54 of the Revised Code. Any
placement of that nature shall be made in accordance with those sections. The
legal residence of a child so placed by the department is the place in which
the child is residing in accordance with a department order of placement. The
school district responsible for payment of tuition on behalf of the child so
placed shall be determined pursuant to section
3313.64 or
3313.65 of the Revised Code.

The department of youth
services may enter into an agreement with the director of rehabilitation and
correction pursuant to which the department of youth services, in accordance
with division (C)(2) of section
5139.06 and section
5120.162 of the Revised Code,
may transfer to a correctional medical center established by the department of
rehabilitation and correction, children who are within its custody for
diagnosis or treatment of an illness, physical condition, or other medical
problem. The department of youth services may enter into any other agreements
with the director of job and family services, the director of mental health and
addiction services, the director of developmental disabilities, the director of
rehabilitation and correction, with the courts having probation officers or
other public officials, and with private agencies or institutions for separate
care or special treatment of children subject to the control of the department
of youth services. The department of youth services may, upon the request of a
juvenile court not having a regular probation officer, provide probation
services for such court.

Upon request by the
department of youth services, any public agency or group care facility
established or administered by the state for the care and treatment of children
and youth shall, consistent with its functions, accept and care for any child
whose custody is vested in the department in the same manner as it would be
required to do if custody had been vested by a court in such agency or group
care facility. If the department has reasonable grounds to believe that any
child or youth whose custody is vested in it is mentally ill or
has an intellectual disability, the department may
file an affidavit under section
5122.11 or
5123.76 of the Revised Code. The
department's affidavit for admission of a child or youth to such institution
shall be filed with the probate court of the county from which the child was
committed to the department. Such court may request the probate court of the
county in which the child is held to conduct the hearing on the application, in
which case the court making such request shall bear the expenses of the
proceeding. If the department files such an affidavit, the child or youth may
be kept in such institution until a final decision on the affidavit is made by
the appropriate court.

The department of youth services shall make periodic
re-examination of all children under its control for the purpose of determining
whether existing orders in individual cases should be modified or continued in
force. These examinations shall be made with respect to every child at least
once annually.

Unless the child has already received a final discharge, the
control by the department of youth services of a child committed as a
delinquent shall cease when the child reaches the age of twenty-one years.

(A)
Through a program of education, promotion, and
organization, form groups of local citizens and assist these groups in
conducting activities aimed at the prevention and control of juvenile
delinquency, making use of local people and resources for the following
purposes:

(1)
Combatting local conditions known to contribute to juvenile
delinquency;

(B)
Advise local, state, and federal officials, public
and private agencies, and lay groups on the needs for and possible methods of
the reduction and prevention of juvenile delinquency and the treatment of
delinquent children;

(C)
Consult with the schools and courts of this state
on the development of programs for the reduction and prevention of delinquency
and the treatment of delinquents;

(D)
Cooperate with other agencies whose services deal
with the care and treatment of delinquent children to the end that delinquent
children who are state wards may be assisted whenever possible to a successful
adjustment outside of institutional care;

(E)
Cooperate with other agencies in surveying,
developing, and utilizing the recreational resources of a community as a means
of combatting the problem of juvenile delinquency and effectuating
rehabilitation;

(F)
Hold district and state conferences from time to
time in order to acquaint the public with current problems of juvenile
delinquency and develop a sense of civic responsibility toward the prevention
of juvenile delinquency;

(G)
Assemble and distribute information relating to
juvenile delinquency and report on studies relating to community conditions
that affect the problem of juvenile delinquency;

(H)
Assist any community within the state by
conducting a comprehensive survey of the community's available public and
private resources, and recommend methods of establishing a community program
for combatting juvenile delinquency and crime, but no survey of that type shall
be conducted unless local individuals and groups request it through their local
authorities, and no request of that type shall be interpreted as binding the
community to following the recommendations made as a result of the
request;

(I)
Evaluate the rehabilitation of children committed
to the department and prepare and submit periodic reports to the committing
court for the following purposes:

(2)
Making recommendations for judicial release under section
2152.22 of the Revised Code if
appropriate and recommending conditions for judicial release;

(3)
Reviewing the placement of children and recommending alternative placements
where appropriate.

(J)
Coordinate dates for hearings to be conducted
under section
2152.22 of the Revised Code and
assist in the transfer and release of children from institutionalization to the
custody of the committing court;

(a)
Performing juvenile justice system planning in the state, including any
planning that is required by any federal law;

(b)
Collecting, analyzing, and correlating information and data concerning the
juvenile justice system in the state;

(c)
Cooperating with and providing technical assistance to state departments,
administrative planning districts, metropolitan county criminal justice
services agencies, criminal justice coordinating councils, and agencies,
offices, and departments of the juvenile justice system in the state, and other
appropriate organizations and persons;

(d)
Encouraging and assisting agencies, offices, and departments of the juvenile
justice system in the state and other appropriate organizations and persons to
solve problems that relate to the duties of the department;

(e)
Administering within the state any juvenile justice acts and programs that the
governor requires the department to administer;

(g)
Visiting and inspecting jails, detention facilities,
correctional facilities, facilities that may hold juveniles involuntarily, or
any other facility that may temporarily house juveniles on a voluntary or
involuntary basis for the purpose of compliance pursuant to the "Juvenile
Justice and Delinquency Prevention Act of 1974," 88 Stat. 1109, as
amended;

(h)
Auditing grant activities of
agencies, offices, organizations, and persons that are financed in whole or in
part by funds granted through the department;

(i)
Monitoring or evaluating the
performance of juvenile justice system projects and programs in the state that
are financed in whole or in part by funds granted through the
department;

(j)
Applying for, allocating, disbursing,
and accounting for grants that are made available pursuant to federal juvenile
justice acts, or made available from other federal, state, or private sources,
to improve the criminal and juvenile justice systems in the state. All money
from federal juvenile justice act grants shall, if the terms under which the
money is received require that the money be deposited into an interest bearing
fund or account, be deposited in the state treasury to the credit of the
federal juvenile justice program purposes fund, which is hereby created. All
investment earnings shall be credited to the fund.

(k)
Contracting with federal, state, and
local agencies, foundations, corporations, businesses, and persons when
necessary to carry out the duties of the department;

Any person who is
required, pursuant to division (A) of section
2151.421 of the Revised Code, to
report the person's knowledge of or reasonable cause to suspect abuse or
neglect or threat of abuse or neglect of a child under eighteen years of age or
a person with a
developmental disability or physical impairment under twenty-one years of
age, or any person who is permitted, pursuant to
division (B) of that section, to report; or cause such a report to be made and
who makes or causes the report to be made, shall direct that report to the
state highway patrol if the child is a delinquent child in the custody of an
institution. If the state highway patrol determines after receipt of the report
that there is probable cause that abuse or neglect or threat of abuse or
neglect of the delinquent child occurred, the highway patrol shall report its
findings to the department of youth services, to the court that ordered the
disposition of the delinquent child for the act that would have been an offense
if committed by an adult and for which the delinquent child is in the custody
of the department, to the public children services agency in the county in
which the child resides or in which the abuse or neglect or threat of abuse or
neglect occurred, and to the chairperson and vice-chairperson of the
correctional institution inspection committee established by section
103.71 of the Revised
Code.

(1)
Control and manage all institutions for
the rehabilitation of delinquent children and youthful offenders that are
operated by the state, except where the control and management of an
institution is vested by law in another agency;

(2)
Provide treatment and training for
children committed to the department and assigned by the department to various
institutions under its control and management, including, but not limited to,
for a child committed to it for an act that is a sexually oriented offense or a
child-victim oriented offense, treatment that is appropriate for a child who
commits an act that is a sexually oriented offense or a child-victim oriented
offense and that is intended to ensure that the child does not commit any
subsequent act that is a sexually oriented offense or a child-victim oriented
offense;

(3)
Establish and maintain
appropriate reception centers for the reception of children committed to the
department and employ competent persons to have charge of those centers and to
conduct investigations;

(4)
Establish and maintain any other facilities necessary for the training,
treatment, and rehabilitation of children committed to the department.

(B)
As used in this
section, "sexually oriented offense" and "child-victim oriented offense" have
the same meanings as in section
2950.01 of the Revised Code.

The department of youth services may conduct programs for the
vocational education of children committed to the department or involved in
aftercare services provided by the department, under which services are
provided or products are made, and offered, for sale. Any profits made from the
selling of such products or services shall be deposited into the industrial and
entertainment fund created under section
5139.86 of the Revised Code.

(1)
The department of youth services shall permit
representatives of all nonprofit faith-based, business, professional, civic,
educational, and community organizations that are registered with the
department to enter institutions that are under the department's control and
management for the purpose of providing reentry services to delinquent children
in the department's custody. Reentry services may include, but are not limited
to, counseling, housing, job-placement, and money-management assistance.

(2)
The department shall adopt
rules pursuant to Chapter 119. of the Revised Code for the screening and
registration of nonprofit faith-based, business, professional, civic,
educational, and community organizations that apply to provide reentry services
to delinquent children in institutions under the department's control and
management.

(1)
The department shall post a department
telephone number on the department's official internet web site that nonprofit
faith-based, business, professional, civic, educational, and community
organizations that wish to provide reentry services to delinquent children may
call to obtain information. The internet web site also shall list all of the
faith-based, business, professional, civic, educational, and community
organizations that are registered with the department under this section.

(2)
The department shall actively
recruit nonprofit faith-based, business, professional, civic, educational, and
community organizations to provide reentry services in institutions under the
department's control and management. The department shall recruit nonprofit
organizations from all faiths and beliefs.

(C)
Annually, the department shall issue a written
report on the department's progress in implementing the recommendations of the
correctional faith-based initiatives task force. The department shall provide a
copy of the written report to each member of the correctional institution
inspection committee created under section
103.71 of the Revised Code.

(D)
The department shall not
endorse or sponsor any faith-based reentry program or endorse any specific
religious message. The department may not require any child in its custody to
participate in a faith-based program.

The department of youth services may accept, hold, and use, for
the benefit of the department or the children committed to it, any gift,
donation, bequest, or devise, and may agree to and perform all conditions of
the gift, donation, bequest, or devise, not contrary to law.

(A)
Except with respect to children who are granted a
judicial release to court supervision pursuant to division (B)
or (D) of section
2152.22 of the Revised Code, the
department of youth services is responsible for locating homes or jobs for
children released from its institutions, for supervision of children released
from its institutions, and for providing or arranging for the provision to
those children of appropriate services that are required to facilitate their
satisfactory community adjustment. Regional administrators through their staff
of parole officers shall supervise children paroled or released to community
supervision in a manner that insures as nearly as possible the children's
rehabilitation and that provides maximum protection to the general
public.

(B)
The department of youth services shall exercise
general supervision over all children who have been released on placement from
any of its institutions other than children who are granted a judicial release
to court supervision pursuant to division (B) or
(D) of section
2152.22 of the Revised Code. The
director of youth services, with the consent and approval of the board of
county commissioners of any county, may contract with the public children
services agency of that county, the department of probation of that county
established pursuant to section
2301.27 of the Revised Code, or
the probation department or service established pursuant to sections
2151.01 to
2151.54 of the Revised Code for
the provision of direct supervision and control over and the provision of
supportive assistance to all children who have been released on placement into
that county from any of its institutions, or, with the consent of the juvenile
judge or the administrative judge of the juvenile court of any county, contract
with any other public agency, institution, or organization that is qualified to
provide the care and supervision that is required under the terms and
conditions of the child's treatment plan for the provision of direct
supervision and control over and the provision of supportive assistance to all
children who have been released on placement into that county from any of its
institutions.

(C)
A juvenile parole officer shall furnish to a child
placed on community control under the parole officer's supervision a statement
of the conditions of parole and shall instruct the child regarding them. The
parole officer shall keep informed concerning the conduct and condition of a
child under the parole officer's supervision and shall report on the child's
conduct to the judge as the judge directs. A parole officer shall use all
suitable methods to aid a child on community control and to improve the child's
conduct and condition. A parole officer shall keep full and accurate records of
work done for children under the parole officer's supervision.

(D)
In
accordance with division (D) of section
2151.14 of the Revised Code, a
court may issue an order requiring boards of education, governing bodies of
chartered nonpublic schools, public children services agencies, private child
placing agencies, probation departments, law enforcement agencies, and
prosecuting attorneys that have records related to the child in question to
provide copies of one or more specified records, or specified information in
one or more specified records, that the individual or entity has with respect
to the child to the department of youth services when the department has
custody of the child or is performing any services for the child that are
required by the juvenile court or by statute, and the department requests the
records in accordance with division (D)(3)(a) of section
2151.14 of the Revised
Code.

(E)
Whenever any placement official has reasonable
cause to believe that any child released by a court pursuant to section
2152.22 of the Revised Code has
violated the conditions of the child's placement, the official may request, in
writing, from the committing court or transferee court a custodial order, and,
upon reasonable and probable cause, the court may order any sheriff, deputy
sheriff, constable, or police officer to apprehend the child. A child so
apprehended may be confined in the detention facility of the county in which
the child is apprehended until further order of the court. If a child who was
released on supervised release by the release authority of the department of
youth services or a child who was granted a judicial release to department of
youth services supervision violates the conditions of the supervised release or
judicial release, section
5139.52 of the Revised Code
applies with respect to that child.

Subject to the rules of the department of youth services, each
institution and community regional office under the jurisdiction of the
department shall be under the control of a managing officer to be known as a
superintendent or by other appropriate title. Such managing officer shall be
appointed by the director of the department and shall be in the unclassified
service and serve at the pleasure of the director. Each managing officer
appointed under this section may, subject to the approval of the director,
appoint an assistant managing officer and deputy managing officers, all of whom
shall be in the unclassified civil service. Subject to Chapter 124. of the
Revised Code, the director shall appoint the necessary employees and may remove
such employees for cause.

Any sheriff, deputy sheriff, constable, officer of state or
local police, or employee of the department of youth services shall apprehend
any child who has escaped from an institution under the jurisdiction of the
department and return the child. The written request of the superintendent of
the institution from which the child has escaped shall be sufficient cause to
authorize the apprehension and return of the child to the institution. Such
request shall state the name and description of the child, that the child is
under the jurisdiction of the department of youth services, and that the
superintendent has personal knowledge that the child has escaped. A child so
apprehended may be confined in the detention facility of the county in which
the child is apprehended until removed to the proper institution.

(A)
Notwithstanding any other provision of the Revised
Code that sets forth the minimum periods or period for which a child committed
to the department of youth services is to be institutionalized or
institutionalized in a secure facility or the procedures for the judicial
release to court supervision or judicial release to department of youth
services supervision, the department may grant emergency releases to children
confined in state juvenile institutions if the governor, upon request of the
director of the department authorizes the director, in writing, to issue a
declaration that an emergency overcrowding condition exists in all of the
institutions in which males are confined, or in all of the institutions in
which females are confined, that are under the control of the department. If
the governor authorizes the issuance of a declaration, the director may issue
the declaration. If the director issues the declaration, the director shall
file a copy of it with the secretary of state, which copy shall be a public
record. Upon the filing of the copy, the department is authorized to grant
emergency releases to children within its custody subject to division (B) of
this section. The authority to grant the emergency releases shall continue
until the expiration of thirty days from the day on which the declaration was
filed. The director shall not issue a declaration that an emergency
overcrowding condition exists unless the director determines that no other
method of alleviating the overcrowding condition is available.

(1)
If the department is authorized under
division (A) of this section to grant emergency releases to children within its
custody, the department shall determine which, if any, children to release
under that authority only in accordance with this division and divisions (C),
(D), and (E) of this section. The department, in determining which, if any,
children to release, initially shall classify each child within its custody
according to the degree of offense that the act for which the child is serving
the period of institutionalization would have been if committed by an adult.
The department then shall scrutinize individual children for emergency release,
based upon their degree of offense, in accordance with the categories and the
order of consideration set forth in division (B)(2) of this section. After
scrutiny of all children within the particular category under consideration,
the department shall designate individual children within that category to whom
it wishes to grant an emergency release.

(2)
The
categories of children in the custody of the department that may be considered
for emergency release under this section, and the order in which the categories
shall be considered, are as follows:

(a)
Initially, only children who are not serving a period of institutionalization
for an act that would have been aggravated murder, murder, or a felony of the
first, second, third, or fourth degree if committed by an adult or for an act
that was committed before July 1, 1996, and that would have been an aggravated
felony of the first, second, or third degree if committed by an adult may be
considered.

(b)
When all
children in the category described in division (B)(2)(a) of this section have
been scrutinized and all children in that category who have been designated for
emergency release under division (B)(1) of this section have been so released,
then all children who are not serving a period of institutionalization for an
act that would have been aggravated murder, murder, or a felony of the first or
second degree if committed by an adult or for an act that was committed before
July 1, 1996, and that would have been an aggravated felony of the first or
second degree if committed by an adult may be considered.

(c)
When
all children in the categories described in divisions (B)(2)(a) and (b) of this
section have been scrutinized and all children in those categories who have
been designated for emergency release under division (B)(1) of this section
have been released, then all children who are not serving a term of
institutionalization for an act that would have been aggravated murder, murder,
or a felony of the first degree if committed by an adult or for an act that was
committed before July 1, 1996, and that would have been an aggravated felony of
the first or second degree if committed by an
adult may be considered.

(d)
In no case
shall the department consider for emergency release any child who is serving a
term of institutionalization for an act that would have been aggravated murder,
murder, or a felony of the first degree if committed by an adult or for an act
that was committed before July 1, 1996, and that would have been an aggravated
felony of the first degree if committed by an adult, and in no case shall the
department grant an emergency release to any such child pursuant to this
section.

(C)
An
emergency release granted pursuant to this section shall consist of one of the
following:

(1)
A supervised
release under terms and conditions that the department believes conducive to
law-abiding conduct;

(2)
A discharge of
the child from the custody and control of the department if the department is
satisfied that the discharge is consistent with the welfare of the individual
and protection of the public;

(3)
An
assignment to a family home, a group care facility, or other place maintained
under public or private auspices, within or without this state, for necessary
treatment or rehabilitation, the costs of which may be paid by the
department.

(D)
If a child is granted an emergency release
pursuant to this section, the child thereafter shall be considered to have been
institutionalized or institutionalized in a secure facility for the prescribed
minimum period of time under division (A)(1)(b), (c), (d), or (e) of section
2152.16 of
the Revised Code, or all definite periods of commitment imposed under
division (A) , (B), (C), or (D) of
section 2152.17 of the Revised Code
plus the prescribed minimum period of time imposed
under division (A)(1)(b), (c), (d), or (e) of section
2152.16 of the Revised Code,
whichever is applicable. The department shall retain legal custody of a
child so released until it discharges the child or until its custody is
terminated as otherwise provided by law.

(1)
If a child is granted an emergency
release so that the child is released on supervised release or assigned to a
family home, group care facility, or other place for treatment or
rehabilitation, the department shall prepare a written treatment and
rehabilitation plan for the child in accordance with division
(F) of
section 2152.22 of the Revised Code, which
shall include the conditions of the child's release or assignment, and shall
send the committing court and the juvenile court of the county in which the
child is placed a copy of the plan and the conditions that it fixed. The court
of the county in which the child is placed may adopt the conditions as an order
of the court and may add any additional consistent conditions it considers
appropriate. If a child is released on supervised release or is assigned
subject to specified conditions and the court of the county in which the child
is placed has reason to believe that the child's deportment is not in
accordance with any post-release conditions established by the court in its
journal entry, the court of the county in which the child is placed, in its
discretion, may schedule a time for a hearing on whether the child violated any
of the post-release conditions. If that court conducts a hearing and determines
at the hearing that the child violated any of the post-release conditions
established in its journal entry, the court, if it determines that the
violation of the conditions was a serious violation, may order the child to be
returned to the department of youth services for institutionalization or, in
any case, may make any other disposition of the child authorized by law that
the court considers proper. If the court of the county in which the child is
placed orders the child to be returned to a department of youth services
institution, the child shall remain institutionalized for a minimum period of
three months.

(2)
The department also shall file a written progress
report with the committing court regarding each child granted an emergency
release pursuant to this section at least once every thirty days unless
specifically directed otherwise by the court. The report shall include the
information required of reports described in division
(G) of
section 2152.22 of the Revised
Code.

No person shall influence or attempt to influence any child
under supervision of the department of youth services, to leave the institution
or home in which he was placed, his home, or place of employment or to violate
any of the conditions upon which he was released under supervision.

Each county shall bear all of the expenses incident to the
transportation of a child committed to the department of youth services by the
juvenile court of that county from that county to the institution to which the
department has assigned the child and shall bear the fees and costs allowed in
similar cases. The fees, costs, and expenses shall be paid from the county
treasury upon itemized vouchers certified to by the judge of the juvenile
court.

The department of
youth services shall lease capital facilities constructed, reconstructed, or
improved, which
facilities are financed by the treasurer of state pursuant to
section 307.021 and Chapter 154. of the Revised Code, for the use of the department, and may enter into
any other agreements with the Ohio public
facilities commission, the department of administrative services, or any other
authorized state agency ancillary to the construction, reconstruction,
improvement, financing, leasing, or operation of such facilities, including,
but not limited to agreements required by the applicable bond proceedings
authorized by Chapter 154. of the Revised Code. Rentals from such leases
shall constitute available receipts as defined in section
154.24 of the Revised Code and may be pledged for the
payment of bond service charges as provided in that section .

(1)
"Body cavity search" and
"strip search" have the same meanings as in section
5120.421 of the Revised Code.

(2)
"Deadly weapon" and "dangerous
ordnance" have the same meanings as in section
2923.11 of the Revised Code.

(3)
"Drug of abuse" has the same
meaning as in section
3719.011 of the Revised Code.

(4)
"Intoxicating liquor" has the
same meaning as in section
4301.01 of the Revised Code.

(B)
For purposes of
determining whether visitors to an institution under the control of the
department of youth services are knowingly conveying, or attempting to convey,
onto the grounds of the institution any deadly weapon, dangerous ordnance, drug
of abuse, intoxicating liquor, or electronic communications device in violation
of section
2921.36 of the Revised Code, the
department may adopt rules, pursuant to Chapter 119. of the Revised Code, that
are consistent with this section.

(C)
For the purposes described in division (B) of this
section, visitors who are entering or have entered an institution under the
control of the department of youth services may be searched by the use of a
magnetometer or similar device, by a pat-down of the visitor's person that is
conducted by a person of the same sex as that of the visitor, and by an
examination of the contents of pockets, bags, purses, packages, and other
containers proposed to be conveyed or already conveyed onto the grounds of the
institution. Searches of visitors authorized by this division may be conducted
without cause, but shall be conducted uniformly or by automatic random
selection. Discriminatory or arbitrary selection searches of visitors are
prohibited under this division.

(D)
For the purposes described in division (B) of this
section, visitors who are entering or have entered an institution under the
control of the department of youth services may be searched by a strip or body
cavity search, but only under the circumstances described in this division. In
order for a strip or body cavity search to be conducted of a visitor, the
highest officer present in the institution shall expressly authorize the search
on the basis of a reasonable suspicion, based on specific objective facts and
reasonable inferences drawn from those facts in the light of experience, that a
visitor proposed to be so searched possesses, and intends to convey or already
has conveyed, a deadly weapon, dangerous ordnance, drug of abuse, intoxicating
liquor, or electronic communications device onto the grounds of the institution
in violation of section
2921.36 of the Revised Code.

Except as otherwise provided in this division, prior to the
conduct of the strip or body cavity search, the highest officer present in the
institution shall cause the visitor to be provided with a written statement
that sets forth the specific objective facts upon which the proposed search is
based. In the case of an emergency under which time constraints make it
impossible to prepare the written statement before the conduct of the proposed
search, the highest officer in the institution instead shall cause the visitor
to be orally informed of the specific objective facts upon which the proposed
search is based prior to its conduct, and shall cause the preparation of the
written statement and its provision to the visitor within twenty-four hours
after the conduct of the search. Both the highest officer present in the
institution and the visitor shall retain a copy of a written statement provided
in accordance with this division.

Any strip or body cavity search conducted pursuant to this
division shall be conducted in a private setting by a person of the same sex as
that of the visitor. Any body cavity search conducted under this division
additionally shall be conducted by medical personnel. This division does not
preclude, and shall not be construed as precluding, a less intrusive search as
authorized by division (C) of this section when reasonable suspicion as
described in this division exists for a strip or body cavity search.

The department of youth services, with the approval of the
governor and the attorney general, may buy, sell, lease, or exchange portions
of land or property, real or personal, under the management and control of the
department, or enter into contracts relative thereto, or grant easements or
licenses for the use thereof, when such purchase, sale, lease, exchange,
contract, easement, or license is advantageous to the state. An action may be
brought to enforce any agreement authorized by this section. Revenues received
from agreements entered into under this section shall be deposited in the state
treasury to the credit of the general fund.

The department of youth
services shall adopt rules prescribing the minimum standards of construction
for a school, forestry camp, or other facility established under section
2151.65 of the Revised Code for
which financial assistance may be granted to assist in defraying the cost of
the construction of the school, forestry camp, or other facility. If an
application for that financial assistance is filed with the department under
section 2151.651 of the Revised Code,
and the department finds that the application is in proper form and the
specifications for the construction of the school, forestry camp, or other
facility meet the minimum standards set forth in the rules adopted by the
department, the department may, from moneys available to it for granting
financial assistance for the construction of schools, forestry camps, or other
facilities established under section
2151.65 of the Revised Code,
grant financial assistance to the county making the application, subject to the
approval of the controlling board, in an amount not to exceed one-half of the
county's share of the cost of construction of the school, forestry camp, or
other facility but not to exceed six thousand five hundred dollars for each bed
unit provided for in the school, forestry camp, or other facility. As used in
this section, "construction" means the building and the initial equipping of
new structures and, to the extent provided for in rules adopted by the
department, the acquisition, remodeling, and initial equipping of existing
structures, excluding architect's fees and the cost of land acquisition.

A county that receives
financial assistance under this section shall not be obligated to repay the
assistance to the state unless the school, forestry camp, or other facility for
which the assistance is granted is used within the ten-year period immediately
following its establishment for other than the purpose of rehabilitating
children between the ages of twelve to eighteen years, other than psychotic
children
or children with intellectual disabilities, who
are designated delinquent children, as defined in section
2152.02 of the Revised Code, or
unruly, as defined in section
2151.022 of the Revised Code, by
order of a juvenile court. If the department of youth services finds that the
school, forestry camp, or other facility is used for other than that purpose
within that ten-year period, the county shall be obligated to repay the
assistance to the state and, through its board of county commissioners, may
enter into an agreement with the director of budget and management for the
discharge of that obligation over a period not to exceed ten years in duration.
Whenever a county is obligated to repay that assistance to the state and its
board of county commissioners fails to enter into or fails to comply with an
agreement for the discharge of that obligation, the tax commissioner, pursuant
to section 5747.54 of the Revised Code,
shall withhold from distribution to the county from the local government fund
an amount sufficient to discharge the county from that obligation to the
state.

Subject to the
approval of the controlling board, the department of youth services may grant
and pay financial assistance to defray the county's share of the cost of
acquiring or constructing a district detention facility, established under
section 2152.41 of the Revised Code, to
any county making application under section
2152.43 of the Revised Code if
the department finds that the application was made in accordance with its rules
and the facility or the specifications for the facility meet minimum standards
established by the department. No financial assistance shall be granted for
defraying the cost of
land.

The department shall
adopt rules prescribing the minimum standards of construction and condition of
existing structures, established under section
2152.41 of the Revised Code, for
which financial assistance is granted under this section. The department may
recommend programs of education and training and the qualifications desired for
personnel of a district detention facility.

The amount of
financial assistance granted to any county shall not exceed
sixty per
cent of the county's share of the cost of acquisition or construction of
the facility.

A county that
receives financial assistance under this section shall repay the assistance to
the state if the facility for which the assistance is granted is used within
the ten-year period immediately following its establishment for purposes other
than those contained in section
2152.41 of the Revised Code. A
board of county commissioners that uses the facility for any other purpose
within that period shall enter into an agreement with the director of budget
and management for the discharge of that obligation over a period not to exceed
ten years. If a board of county commissioners fails to enter into an agreement
for the discharge of that obligation, or fails to comply with the terms of such
an agreement, the director shall direct the tax commissioner, pursuant to
section 5747.54 of the Revised Code, to
withhold from the distribution of the local government fund an amount
sufficient to discharge the obligation.

As used in this
section:

(A)
"Construction" means the building and initial
equipping of new structures.

(B)
"Acquisition" means "acquisition" as defined in
the rules of the department, which may include the purchase, remodeling, and
initial equipping of existing structures.

The department of youth services shall adopt rules prescribing
the manner of application for financial assistance under this section for the
operation and maintenance of a detention facility provided, or district
detention facility established, under section
2151.41 of the Revised Code and
prescribing minimum standards of operation, including criteria for programs of
education, training, counseling, recreation, health, and safety, and
qualifications of personnel with which a facility shall comply as a condition
of eligibility for assistance under this section. If the board of county
commissioners providing a detention facility or the board of trustees of a
district detention facility applies to the department for assistance and if the
department finds that the application is in accordance with the rules adopted
under this section and that the facility meets the minimum standards adopted
under this section, the department may grant assistance to the applicant board
for the operation and maintenance of each facility in an amount not to exceed
fifty per cent of the approved annual operating cost. The board shall make a
separate application for each year for which assistance is requested.

The department shall adopt any necessary rules for the care,
treatment, and training in a district detention facility of children found to
be delinquent children and committed to the facility by the juvenile court
under section
2151.19 of the Revised Code and
may approve for this purpose any facility that is found to be in compliance
with the rules it adopts.

The department shall fund, at least once every six months,
in-service training programs approved by the department for staff members of
detention facilities or district detention facilities .

The department of youth services shall adopt and promulgate
regulations prescribing the method of calculating the amount of and the time
and manner for the payment of financial assistance granted under sections
5139.27 and
5139.271 of the Revised Code, for
the construction or acquisition of a district detention facility established
under section
2152.41 of the Revised Code, or
for the construction and maintenance of a school, forestry camp, or other
facility established under section
2151.65 of the Revised Code.

The department of youth services may, by mutual agreement with
the governing board of a school, forestry camp, or other facility established
under section
2151.65 of the Revised Code,
transfer to such school, forestry camp, or other facility any child committed
to the department.

The department of youth services may inspect any school,
forestry camp, district detention facility, or other facility for which an
application for financial assistance has been made to the department under
section 2152.43 or
2151.651 of the Revised Code or
for which financial assistance has been granted by the department under section
5139.27,
5139.271, or
5139.281 of the Revised Code. The
inspection may include, but need not be limited to, examination and evaluation
of the physical condition of the school, forestry camp, district detention
facility, or other facility, including any equipment used in connection with
it; observation and evaluation of the programming and treatment of children
admitted to it; examination and analysis and copying of any papers, records, or
other documents relating to the qualifications of personnel, the commitment of
children to it, and its administration.

(A)
Whenever a
child committed to the department of youth services is unable to benefit from
the programs conducted by the department, as found under division (B) of this
section, the department forthwith shall release or discharge such child from
its jurisdiction and either return the child to the committing court, provided
that such court so consents or directs, or otherwise secure for the child an
environment more beneficial to the child's future development.

(B)
The determination that a child is unable
to benefit from the programs conducted by the department shall be made by the
committing court on its own motion or upon application by the department or by
a parent or the guardian of the person of the child, or, if the child has been
institutionalized or institutionalized in a secure facility, whichever is
applicable, for the prescribed minimum period set forth in Chapter 2152. of the
Revised Code and the child's commitment order, by the department itself.

(A)
The
department of youth services shall make grants in accordance with this section
to encourage counties to use community-based programs and services for
juveniles who are adjudicated delinquent children for the commission of acts
that would be felonies if committed by an adult.

(B)
Each county seeking a grant under this section
shall file an application with the department of youth services. The
application shall be filed at the time and in accordance with procedures
established by the department in rules adopted under this section. Each
application shall be accompanied by a plan designed to reduce the county's
commitment percentage, or to enable it to maintain or attain a commitment
percentage that is equal to or below the statewide average commitment
percentage. A county's commitment percentage is the percentage determined by
dividing the number of juveniles the county committed to the department during
the year by the number of juveniles who were eligible to be committed. The
statewide average commitment percentage is the percentage determined by
dividing the number of juveniles in the state committed to the department
during the year by the number of juveniles who were eligible to be committed.
These percentages shall be determined by the department using the most reliable
data available to it.

Each plan shall include a method of ensuring equal access for
minority youth to the programs and services for which the grant will be used.

The department shall review each application and plan to ensure
that the requirements of this division are satisfied. Any county applying for a
grant under this section that received a grant under this section during the
preceding year and that failed to meet its commitment goals for that year shall
make the changes in its plan that the department requires in order to continue
to be eligible for grants under this section.

(C)
Subject to division (E) of this section, the
amounts appropriated for the purpose of making grants under this section shall
be distributed annually on a per capita basis among the counties that have
complied with division (B) of this section.

(D)
The department shall adopt rules to implement this
section. The rules shall include, but are not limited to, procedures and
schedules for submitting applications and plans under this section, including
procedures allowing joint-county applications and plans; and procedures for
monitoring and evaluating the effectiveness of the programs and services
financed with grant money, the enhancement of the use of local facilities and
services, and the adequacy of the supervision and treatment provided to
juveniles by those programs and services.

(1)
Three
months prior to the implementation of the felony delinquent care and custody
program described in section
5139.43 of the Revised Code, each
county that is entitled to a grant under this section shall receive its grant
money for the fiscal year or the remainder of its grant money for the fiscal
year, other than any grant money to which it is entitled and that is set aside
by the department of youth services for purposes of division (E)(2) of this
section. The grant money so distributed shall be paid in a lump sum.

(2)
During the first twelve months that the
felony delinquent care and custody program described in section
5139.43 of the Revised Code is
implemented in a county, any grant or the remainder of any grant to which a
county is entitled and that is payable from the appropriation made to the
department of youth services for community sanctions shall be distributed as
follows:

(a)
In the first quarter of the
twelve-month period, the county shall receive one hundred per cent of the
quarterly distribution.

(b)
In the
second quarter of the twelve-month period, the county shall receive
seventy-five per cent of the quarterly distribution.

(c)
In the third quarter of the twelve-month
period, the county shall receive fifty per cent of the quarterly distribution.

(d)
In the fourth quarter of the
twelve-month period, the county shall receive twenty-five per cent of the
quarterly distribution.

(3)
Grant moneys received pursuant to divisions (E)(1)
and (2) of this section shall be transmitted by the juvenile court of the
recipient county to the county treasurer, shall be deposited by the county
treasurer into the felony delinquent care and custody fund created pursuant to
division (B)(1) of section
5139.43 of the Revised Code, and
shall be used by the juvenile court in accordance with division (B)(2) of that
section. The grant moneys shall be in addition to, and shall not be used to
reduce, any usual annual increase in county funding that the juvenile court is
eligible to receive or the current level of county funding of the juvenile
court and of any programs or services for delinquent children, unruly children,
or juvenile traffic offenders.

(4)
One year after the commencement of its operation
of the felony delinquent care and custody program described in section
5139.43 of the Revised Code, the
department shall not make any further grants under this section.

(A)
Funds may be appropriated to the department of
youth services for the purpose of granting state subsidies to counties. A
county or the juvenile court that serves a county shall use state subsidies
granted to the county pursuant to this section only in accordance with
divisions (B)(2)(a) and (3)(a) of section 5139.43 of the Revised Code and the
rules pertaining to the state subsidy funds that the department adopts pursuant
to division (D) of section 5139.04 of the Revised Code. The department shall
not grant financial assistance pursuant to this section for the provision of
care and services for children in a placement facility unless the facility has
been certified, licensed, or approved by a state or national agency with
certification, licensure, or approval authority, including, but not limited to,
the department of job and family services, department of education, department
of mental health and addiction services, department of developmental
disabilities, or American correctional association. For the purposes of this
section, placement facilities do not include a state institution or a county or
district children's home.

The department also
shall not grant financial assistance pursuant to this section for the provision
of care and services for children, including, but not limited to, care and
services in a detention facility, in another facility, or in out-of-home
placement, unless the minimum standards applicable to the care and services
that the department prescribes in rules adopted pursuant to division (D) of
section 5139.04 of the Revised Code have been satisfied.

(B)
The department of youth services shall apply the
following formula to determine the amount of the annual grant that each county
is to receive pursuant to division (A) of this section, subject to the
appropriation for this purpose to the department made by the general assembly:

(1)
Each
county shall receive a basic annual grant of fifty thousand dollars.

(2)
The sum
of the basic annual grants provided under division (B)(1) of this section shall
be subtracted from the total amount of funds appropriated to the department of
youth services for the purpose of making grants pursuant to division (A) of
this section to determine the remaining portion of the funds appropriated. The
remaining portion of the funds appropriated shall be distributed on a per
capita basis to each county that has a population of more than twenty-five
thousand for that portion of the population of the county that exceeds
twenty-five thousand.

(1)
Prior to a county's receipt of an annual grant
pursuant to this section, the juvenile court that serves the county shall
prepare, submit, and file in accordance with division (B)(3)(a) of section
5139.43 of the Revised Code an annual grant agreement and application for
funding that is for the combined purposes of, and that satisfies the
requirements of, this section and section 5139.43 of the Revised Code. In
addition to the subject matters described in division (B)(3)(a) of section
5139.43 of the Revised Code or in the rules that the department adopts to
implement that division, the annual grant agreement and application for funding
shall address fiscal accountability and performance matters pertaining to the
programs, care, and services that are specified in the agreement and
application and for which state subsidy funds granted pursuant to this section
will be used.

(2)
The county treasurer of each county that receives
an annual grant pursuant to this section shall deposit the state subsidy funds
so received into the county's felony delinquent care and custody fund created
pursuant to division (B)(1) of section 5139.43 of the Revised Code. Subject to
exceptions prescribed in section 5139.43 of the Revised Code that may apply to
the disbursement, the department shall disburse the state subsidy funds to
which a county is entitled in a lump sum payment that shall be made in July of
each calendar year.

(3)
Upon an order of the juvenile court that serves a
county and subject to appropriation by the board of county commissioners of
that county, a county treasurer shall disburse from the county's felony
delinquent care and custody fund the state subsidy funds granted to the county
pursuant to this section for use only in accordance with this section, the
applicable provisions of section 5139.43 of the Revised Code, and the county's
approved annual grant agreement and application for funding.

(4)
The moneys in a county's felony delinquent care
and custody fund that represent state subsidy funds granted pursuant to this
section are subject to appropriation by the board of county commissioners of
the county; shall be disbursed by the county treasurer as required by division
(C)(3) of this section; shall be used in the manners referred to in division
(C)(3) of this section; shall not revert to the county general fund at the end
of any fiscal year; shall carry over in the felony delinquent care and custody
fund from the end of any fiscal year to the next fiscal year; shall be in
addition to, and shall not be used to reduce, any usual annual increase in
county funding that the juvenile court is eligible to receive or the current
level of county funding of the juvenile court and of any programs, care, or
services for alleged or adjudicated delinquent children, unruly children, or
juvenile traffic offenders or for children who are at risk of becoming
delinquent children, unruly children, or juvenile traffic offenders; and shall
not be used to pay for the care and custody of felony delinquents who are in
the care and custody of an institution pursuant to a commitment, recommitment,
or revocation of a release on parole by the juvenile court of that county or
who are in the care and custody of a community corrections facility pursuant to
a placement by the department as described in division (E) of section 5139.36 of
the Revised Code.

(5)
As a
condition of the continued receipt of state subsidy funds pursuant to this
section, each county and the juvenile court that serves each county that
receives an annual grant pursuant to this section shall comply with divisions
(B)(3)(b), (c), and (d) of section 5139.43 of the Revised Code.

(A)
Except as
provided in division (C) of this section and division (C)(2) of section
5139.06 of the Revised Code, the
department of youth services shall not place a child committed to it pursuant
to section
2152.16 or divisions (A) and (B)
of section
2152.17 of the Revised Code who
has not been institutionalized or institutionalized in a secure facility for
the prescribed minimum period of institutionalization in an institution with a
less restrictive setting than that in which the child was originally placed,
other than an institution under the management and control of the department,
without first obtaining the prior consent of the committing court.

(B)
Except as provided in division (C) of
this section, the department of youth services shall notify the committing
court, in writing, of any placement of a child committed to it pursuant to
division (A)(1)(b), (c), (d), or (e) of section
2152.16 or divisions (A) and (B)
of section
2152.17 of the Revised Code who
has been institutionalized or institutionalized in a secure facility for the
prescribed minimum period of institutionalization under those divisions in an
institution with a less restrictive setting than that in which the child was
originally placed, other than an institution under the management and control
of the department, at least fifteen days before the scheduled date of
placement.

(C)
If, pursuant to
division (C)(2) of section
5139.06 of the Revised Code, the
department of youth services transfers a child committed to it pursuant to
division (A)(1)(b), (c), (d), or (e) of section
2152.16 or divisions (A) and (B)
of section
2152.17 of the Revised Code to a
correctional medical center established by the department of rehabilitation and
correction, the department of youth services shall send the committing court a
certified copy of the transfer order.

(A)
In accordance with this section and the rules
adopted under it and from funds appropriated to the department of youth
services for the purposes of this section, the department shall make grants
that provide financial resources to operate community corrections facilities
for felony delinquents.

(1)
Each community corrections facility that intends
to seek a grant under this section shall file an application with the
department of youth services at the time and in accordance with the procedures
that the department shall establish by rules adopted in accordance with Chapter
119. of the Revised Code. In addition to other items required to be included in
the application, a plan that satisfies both of the following shall be included:

(a)
It
reduces the number of felony delinquents committed to the department from the
county or counties associated with the community corrections
facility.

(b)
It
ensures equal access for minority felony delinquents to the programs and
services for which a potential grant would be used.

(2)
The department of youth services shall review each
application submitted pursuant to division (B)(1) of this section to determine
whether the plan described in that division, the community corrections
facility, and the application comply with this section and the rules adopted
under it.

(C)
To be eligible for a grant under this section and
for continued receipt of moneys comprising a grant under this section, a
community corrections facility shall satisfy at least all of the following
requirements:

(1)
Be
constructed, reconstructed, or improved, and be financed by the treasurer of
state pursuant to section 307.021 of the Revised Code and Chapter 154. of the
Revised Code, for the use of the department of youth services and be designated
as a community corrections facility;

(2)
Have
written standardized criteria governing the types of felony delinquents that
are eligible for the programs and services provided by the facility;

(3)
Have a
written standardized intake screening process and an intake committee that at
least performs both of the following tasks:

(a)
Screens
all eligible felony delinquents who are being considered for admission to the
facility in lieu of commitment to the department;

(b)
Notifies, within ten days after the date of the referral of a felony delinquent
to the facility, the committing court whether the felony delinquent will be
admitted to the facility.

(4)
Comply
with all applicable fiscal and program rules that the department adopts in
accordance with Chapter 119. of the Revised Code and demonstrate that felony
delinquents served by the facility have been or will be diverted from a
commitment to the department.

(D)
The department of youth services shall determine
the method of distribution of the funds appropriated for grants under this
section to community corrections facilities.

(1)
The department of youth services shall adopt rules
in accordance with Chapter 119. of the Revised Code to establish the minimum
occupancy threshold of community corrections facilities.

(2)
A child in the custody of
the department of youth services may be placed in a community corrections
facility in accordance with either division (E)(2)(a) or (b) of this section. A
child placed in a community corrections facility pursuant to either division
shall remain in the legal custody of the department of youth services during
the period in which the child is in the community corrections facility. The
department shall charge bed days to the county in accordance with sections
5139.41 to 5139.43 of the Revised Code.

(a)
The department may make referrals for the
placement of children in its custody to a community corrections facility. At
least forty-five days prior to the referral of a child or within any shorter
period prior to the referral of the child that the committing court may allow,
the department shall notify the committing court of its intent to place the
child in a community corrections facility. The court shall have thirty days
after the receipt of the notice to approve or disapprove the placement. If the
court does not respond to the notice of the placement within that thirty-day
period, the department shall proceed with the placement
.

(b)
The department may, with
the consent of the juvenile court with jurisdiction over the Montgomery county
center for adolescent services, establish a single unit within the community
corrections facility for female felony delinquents committed to the
department's custody. If the unit is established under this division, the
department may place a female felony delinquent committed to the department's
custody into the unit in the community corrections facility.

(3)
Counties that are not associated with a community
corrections facility may refer children to a community corrections facility
with the consent of the facility. The department of youth services shall debit
the county that makes the referral in accordance with sections 5139.41 to
5139.43 of the Revised Code.

(F)
The board or other governing body of a community
corrections facility shall meet not less often than once per quarter. A
community corrections facility may reimburse the members of the board or other
governing body of the facility and the members of an advisory board created by
the board or other governing body of the facility for their actual and
necessary expenses incurred in the performance of their official duties. The
members of the board or other governing body of the facility and the members of
an advisory board created by the board or other governing body of the facility
shall serve without compensation.

Within ninety days prior to the expiration of the prescribed
minimum period of institutionalization of a felony delinquent committed to the
department of youth services and with prior approval of the committing court,
the department may transfer the felony delinquent to a community facility on
supervised release as described in section
5139.18 of the Revised Code. For
purposes of transfers under this section, both of the following apply:

(A)
The community facility may be a
community corrections facility that has received a grant pursuant to section
5139.36 of the Revised Code, a
community residential program with which the department has contracted for
purposes of this section, or another private entity with which the department
has contracted for purposes of this section. Division (E) of section
5139.36 of the Revised Code does
not apply in connection with a transfer of a felony delinquent that is made to
a community corrections facility pursuant to this section.

(B)
During the period in which the felony delinquent
is in the community facility, the felony delinquent shall remain in the custody
of the department.

The department of youth
services, in the manner provided in this chapter and Chapter 2151. of the
Revised Code, may transfer to a foster care facility certified by the
department of job and family services under section
5103.03 of the Revised Code, any
child committed to it and, in the event of a transfer of that nature, unless
otherwise mutually agreed, the department of youth services shall bear the cost
of care and services provided for the child in the foster care facility. A
juvenile court may transfer to any foster facility certified by the department
of job and family services any child between twelve and eighteen years of age,
other than a psychotic child or a child with an
intellectual disability, who has been designated a delinquent child and
placed on probation by order of the juvenile court as a result of having
violated any law of this state or the United States or any ordinance of a
political subdivision of this state.

The appropriation
made to the department of youth services for care and custody of felony
delinquents shall be expended in accordance with the following procedure that
the department shall use for each year of a biennium. The procedure shall be
consistent with sections 5139.41 to 5139.43 of the Revised Code and shall be
developed in accordance with the following guidelines:

(A)
The line item appropriation for the care and
custody of felony delinquents shall provide funding for operational costs for
the following:

(1)
Institutions and the diagnosis, care, or treatment of felony delinquents at
facilities pursuant to contracts entered into under section 5139.08 of the
Revised Code;

(2)
Community corrections facilities constructed, reconstructed, improved, or
financed as described in section 5139.36 of the Revised Code for the purpose of
providing alternative placement and services for felony delinquents who have
been diverted from care and custody in institutions;

(3)
County
juvenile courts that administer programs and services for prevention, early
intervention, diversion, treatment, and rehabilitation services and programs
that are provided for alleged or adjudicated unruly or delinquent children or
for children who are at risk of becoming unruly or delinquent
children;

(4)
Administrative expenses the department incurs in connection with the felony
delinquent care and custody programs described in section 5139.43 of the
Revised Code.

(B)
From the appropriated line item for the care and
custody of felony delinquents, the department, with the advice of the RECLAIM
advisory committee established under section 5139.44 of the Revised Code, shall
allocate annual operational funds for county juvenile programs, institutional
care and custody, community corrections facilities care and custody, and
administrative expenses incurred by the department associated with felony
delinquent care and custody programs. The department, with the advice of the
RECLAIM advisory committee, shall adjust these allocations, when modifications
to this line item are made by legislative or executive action.

(C)
The department shall divide county juvenile
program allocations among county juvenile courts that administer programs and
services for prevention, early intervention, diversion, treatment, and
rehabilitation that are provided for alleged or adjudicated unruly or
delinquent children or for children who are at risk of becoming unruly or
delinquent children. The department shall base funding on the county's previous
year's ratio of the department's institutional and community
corrections facilities commitments to that county's
average of felony adjudications, as specified in the following formula:

(1)
The
department shall give to each county a proportional allocation of commitment
credits. The proportional allocation of commitment credits shall be calculated
by the following procedures:

(a)
The
department shall determine for each county and for the state an average of
felony adjudications. Beginning July 1, 2012, the average shall include felony
adjudications for fiscal year 2007 and for each subsequent fiscal year through
fiscal year 2016. Beginning July 1, 2017, the most recent felony adjudication
data shall be included and the oldest fiscal year data shall be removed so that
a ten-year average of felony adjudication data will be maintained.

(b)
The
department shall determine for each county and for the state the number of
charged bed days, for both the department and community
corrections facilities, from the previous
year.

(c)
The
department shall divide the statewide total number of charged bed days by the
statewide total number of felony adjudications, which quotient shall then be
multiplied by a factor determined by the department.

(d)
The
department shall calculate the county's allocation of credits by multiplying
the number of adjudications for each court by the result determined pursuant to
division (C)(1)(c) of this section.

(2)
The
department shall subtract from the allocation determined pursuant to division
(C)(1) of this section a credit for every chargeable bed day
while a youth is in
the department's custody and two-thirds of credit for
every chargeable bed day a youth stays in a community
corrections facility, except for public safety beds.
At the end of the year, the department shall divide the amount of remaining
credits of that county's allocation by the total number of remaining credits to
all counties, to determine the county's percentage, which shall then be applied
to the total county allocation to determine the county's payment for the fiscal
year.

(3)
The
department shall pay counties three times during the fiscal year to allow for
credit reporting and audit adjustments, and modifications to the appropriated
line item for the care and custody of felony delinquents, as described in this
section. The department shall pay fifty per cent of the payment by the
fifteenth of July of each fiscal year, twenty-five per cent by the fifteenth of
January of that fiscal year, and twenty-five per cent of the payment by the
fifteenth of June of that fiscal year.

(A)
The department of youth services shall operate a
felony delinquent care and custody program that shall be operated in accordance
with the formula developed pursuant to section
5139.41 of the Revised Code,
subject to the conditions specified in this section.

(1)
Each
juvenile court shall use the moneys disbursed to it by the department of youth
services pursuant to division (B) of section
5139.41 of the Revised Code in
accordance with the applicable provisions of division (B)(2) of this section
and shall transmit the moneys to the county treasurer for deposit in accordance
with this division. The county treasurer shall create in the county treasury a
fund that shall be known as the felony delinquent care and custody fund and
shall deposit in that fund the moneys disbursed to the juvenile court pursuant
to division (B) of section
5139.41 of the Revised Code. The
county treasurer also shall deposit into that fund the state subsidy funds
granted to the county pursuant to section
5139.34 of the Revised Code. The
moneys disbursed to the juvenile court pursuant to division (B) of section
5139.41 of the Revised Code and
deposited pursuant to this division in the felony delinquent care and custody
fund shall not be commingled with any other county funds except state subsidy
funds granted to the county pursuant to section
5139.34 of the Revised Code; shall
not be used for any capital construction projects; upon an order of the
juvenile court and subject to appropriation by the board of county
commissioners, shall be disbursed to the juvenile court for use in accordance
with the applicable provisions of division (B)(2) of this section; shall not
revert to the county general fund at the end of any fiscal year; and shall
carry over in the felony delinquent care and custody fund from the end of any
fiscal year to the next fiscal year. The maximum balance carry-over at the end
of each respective fiscal year in the felony delinquent care and custody fund
in any county from funds allocated to the county pursuant to sections
5139.34 and
5139.41 of the Revised Code in the
previous fiscal year shall not exceed an amount to be calculated as provided in
the formula set forth in this division, unless that county has applied for and
been granted an exemption by the director of youth services. Beginning June 30,
2008, the maximum balance carry-over at the end of each respective fiscal year
shall be determined by the following formula: for fiscal year 2008, the maximum
balance carry-over shall be one hundred per cent of the allocation for fiscal
year 2007, to be applied in determining the fiscal year 2009 allocation; for
fiscal year 2009, it shall be fifty per cent of the allocation for fiscal year
2008, to be applied in determining the fiscal year 2010 allocation; for fiscal
year 2010, it shall be twenty-five per cent of the allocation for fiscal year
2009, to be applied in determining the fiscal year 2011 allocation; and for
each fiscal year subsequent to fiscal year 2010, it shall be twenty-five per
cent of the allocation for the immediately preceding fiscal year, to be applied
in determining the allocation for the next immediate fiscal year. The
department shall withhold from future payments to a county an amount equal to
any moneys in the felony delinquent care and custody fund of the county that
exceed the total maximum balance carry-over that applies for that county for
the fiscal year in which the payments are being made and shall reallocate the
withheld amount. The department shall adopt rules for the withholding and
reallocation of moneys disbursed under sections
5139.34 and
5139.41 of the Revised Code and
for the criteria and process for a county to obtain an exemption from the
withholding requirement. The moneys disbursed to the juvenile court pursuant to
division (B) of section
5139.41 of the Revised Code and
deposited pursuant to this division in the felony delinquent care and custody
fund shall be in addition to, and shall not be used to reduce, any usual annual
increase in county funding that the juvenile court is eligible to receive or
the current level of county funding of the juvenile court and of any programs
or services for delinquent children, unruly children, or juvenile traffic
offenders.

(a)
A county
and the juvenile court that serves the county shall use the moneys in its
felony delinquent care and custody fund in accordance with rules that the
department of youth services adopts pursuant to division (D) of section
5139.04 of the Revised Code and as
follows:

(i)
The
moneys in the fund that represent state subsidy funds granted to the county
pursuant to section
5139.34 of the Revised Code shall
be used to aid in the support of prevention, early intervention, diversion,
treatment, and rehabilitation programs that are provided for alleged or
adjudicated unruly children or delinquent children or for children who are at
risk of becoming unruly children or delinquent children. The county shall not
use for capital improvements more than fifteen per cent of the moneys in the
fund that represent the applicable annual grant of those state subsidy
funds.

(ii)
The
moneys in the fund that were disbursed to the juvenile court pursuant to
division (B) of section
5139.41 of the Revised Code and
deposited pursuant to division (B)(1) of this section in the fund shall be used
to provide programs and services for the training, treatment, or rehabilitation
of felony delinquents that are alternatives to their commitment to the
department, including, but not limited to, community residential programs, day
treatment centers, services within the home, and electronic monitoring, and
shall be used in connection with training, treatment, rehabilitation, early
intervention, or other programs or services for any delinquent child, unruly
child, or juvenile traffic offender who is under the jurisdiction of the
juvenile court.

The fund also may be
used for prevention, early intervention, diversion, treatment, and
rehabilitation programs that are provided for alleged or adjudicated unruly
children, delinquent children, or juvenile traffic offenders or for children
who are at risk of becoming unruly children, delinquent children, or juvenile
traffic offenders. Consistent with division (B)(1) of this section, a county
and the juvenile court of a county shall not use any of those moneys for
capital construction projects.

(iii)
Moneys in the fund shall not be used to support programs or services that do
not comply with federal juvenile justice and delinquency prevention core
requirements or to support programs or services that research has shown to be
ineffective. Research-supported, outcome-based programs and
services, to the extent they are available, shall be
encouraged.

(iv)
The
county and the juvenile court that serves the county may use moneys in the fund
to provide out-of-home placement of children only in detention centers,
community rehabilitation centers, or community corrections facilities approved
by the department pursuant to standards adopted by the department, licensed by
an authorized state agency, or accredited by the American correctional
association or another national organization recognized by the
department.

(b)
Each juvenile court shall comply with division
(B)(3)(d) of this section as implemented by the department. If a juvenile court
fails to comply with division (B)(3)(d) of this section, the department shall
not be required to make any disbursements in accordance with division (C)
of section
5139.41 or division (C)(2) of
section 5139.34 of the Revised
Code.

(3)
In accordance with rules adopted by the department
pursuant to division (D) of section
5139.04 of the Revised Code, each
juvenile court and the county served by that juvenile court shall do all of the
following that apply:

(a)
The
juvenile court shall prepare an annual grant agreement and application for
funding that satisfies the requirements of this section and section
5139.34 of the Revised Code and
that pertains to the use, upon an order of the juvenile court and subject to
appropriation by the board of county commissioners, of the moneys in its felony
delinquent care and custody fund for specified programs, care, and services as
described in division (B)(2)(a) of this section, shall submit that agreement
and application to the county family and children first council, the regional
family and children first council, or the local intersystem services to
children cluster as described in sections
121.37 and
121.38 of the Revised Code,
whichever is applicable, and shall file that agreement and application with the
department for its approval. The annual grant agreement and application for
funding shall include a method of ensuring equal access for minority youth to
the programs, care, and services specified in it.

The department may
approve an annual grant agreement and application for funding only if the
juvenile court involved has complied with the preparation, submission, and
filing requirements described in division (B)(3)(a) of this section. If the
juvenile court complies with those requirements and the department approves
that agreement and application, the juvenile court and the county served by the
juvenile court may expend the state subsidy funds granted to the county
pursuant to section
5139.34 of the Revised Code only
in accordance with division (B)(2)(a) of this section, the rules pertaining to
state subsidy funds that the department adopts pursuant to division (D) of
section 5139.04 of the Revised Code, and
the approved agreement and application.

(b)
By the
thirty-first day of August of each year, the juvenile court shall file with the
department a report that contains all of the statistical and other information
for each month of the prior state fiscal year. If the juvenile court fails to
file the report required by division (B)(3)(b) of this section by the
thirty-first day of August of any year, the department shall not disburse any
payment of state subsidy funds to which the county otherwise is entitled
pursuant to section
5139.34 of the Revised Code and
shall not disburse pursuant to division (B) of section
5139.41 of the Revised Code the
applicable allocation until the juvenile court fully complies with division
(B)(3)(b) of this section.

(c)
If the
department requires the juvenile court to prepare monthly statistical reports
and to submit the reports on forms provided by the department, the juvenile
court shall file those reports with the department on the forms so provided. If
the juvenile court fails to prepare and submit those monthly statistical
reports within the department's timelines, the department shall not disburse
any payment of state subsidy funds to which the county otherwise is entitled
pursuant to section
5139.34 of the Revised Code and
shall not disburse pursuant to division (B) of section
5139.41 of the Revised Code the
applicable allocation until the juvenile court fully complies with division
(B)(3)(c) of this section. If the juvenile court fails to prepare and submit
those monthly statistical reports within one hundred eighty days of the date
the department establishes for their submission, the department shall not
disburse any payment of state subsidy funds to which the county otherwise is
entitled pursuant to section
5139.34 of the Revised Code and
shall not disburse pursuant to division (B) of section
5139.41 of the Revised Code the
applicable allocation, and the state subsidy funds and the remainder of the
applicable allocation shall revert to the department. If a juvenile court
states in a monthly statistical report that the juvenile court adjudicated
within a state fiscal year five hundred or more children to be delinquent
children for committing acts that would be felonies if committed by adults and
if the department determines that the data in the report may be inaccurate, the
juvenile court shall have an independent auditor or other qualified entity
certify the accuracy of the data on a date determined by the
department.

(d)
If the
department requires the juvenile court and the county to participate in a
fiscal monitoring program or another monitoring program that is conducted by
the department to ensure compliance by the juvenile court and the county with
division (B) of this section, the juvenile court and the county shall
participate in the program and fully comply with any guidelines for the
performance of audits adopted by the department pursuant to that program and
all requests made by the department pursuant to that program for information
necessary to reconcile fiscal accounting. If an audit that is performed
pursuant to a fiscal monitoring program or another monitoring program described
in this division determines that the juvenile court or the county used moneys
in the county's felony delinquent care and custody fund for expenses that are
not authorized under division (B) of this section, within forty-five days after
the department notifies the county of the unauthorized expenditures, the county
either shall repay the amount of the unauthorized expenditures from the county
general revenue fund to the state's general revenue fund or shall file a
written appeal with the department. If an appeal is timely filed, the director
of the department shall render a decision on the appeal and shall notify the
appellant county or its juvenile court of that decision within forty-five days
after the date that the appeal is filed. If the director denies an appeal, the
county's fiscal agent shall repay the amount of the unauthorized expenditures
from the county general revenue fund to the state's general revenue fund within
thirty days after receiving the director's notification of the appeal
decision.

(C)
The determination of which county a reduction of
the care and custody allocation will be charged against for a particular youth
shall be made as outlined below for all youths who do not qualify as public
safety beds. The determination of which county a reduction of the care and
custody allocation will be charged against shall be made as follows until each
youth is released:

(1)
In the
event of a commitment, the reduction shall be charged against the committing
county.

(2)
In the
event of a recommitment, the reduction shall be charged against the original
committing county until the expiration of the minimum period of
institutionalization under the original order of commitment or until the date
on which the youth is admitted to the department of youth services pursuant to
the order of recommitment, whichever is later. Reductions of the allocation
shall be charged against the county that recommitted the youth after the
minimum expiration date of the original commitment.

(3)
In the
event of a revocation of a release on parole, the reduction shall be charged
against the county that revokes the youth's parole.

(D)
A juvenile court is not precluded by its
allocation amount for the care and custody of felony delinquents from
committing a felony delinquent to the department of youth services for care and
custody in an institution or a community corrections facility when the juvenile
court determines that the commitment is appropriate.

(1)
There is hereby created the RECLAIM advisory
committee that shall be composed of the following nine members:

(a)
Two members shall be juvenile court
judges appointed by the Ohio association of juvenile and family court judges.

(b)
One member shall be the
director of youth services or the director's designee.

(c)
One member shall be the director of
budget and management or the director's designee.

(d)
One member shall be a member of a senate
committee dealing with finance or criminal justice issues appointed by the
president of the senate.

(e)
One
member shall be a member of a committee of the house of representatives dealing
with finance or criminal justice issues appointed by the speaker of the house
of representatives.

(f)
One member
shall be a member of a board of county commissioners appointed by the county
commissioners association of Ohio.

(g)
Two members shall be juvenile court
administrators appointed by the Ohio association of juvenile and family court
judges.

(2)
The members
of the committee shall be appointed or designated within thirty days after the
effective date of this section, and the director of youth services shall be
notified of the names of the members.

(3)
Members described in divisions (A)(1)(a), (f), and
(g) of this section shall serve for terms of two years and shall hold office
from the date of the member's appointment until the end of the term for which
the member was appointed. Members described in divisions (A)(1)(b) and (c) of
this section shall serve as long as they hold the office described in that
division. Members described in divisions (A)(1)(d) and (e) of this section
shall serve for the duration of the session of the general assembly during
which they were appointed, provided they continue to hold the office described
in that division. The members described in divisions (A)(1)(a), (d), (e), (f),
and (g) may be reappointed. Vacancies shall be filled in the manner provided
for original appointments. Any member appointed to fill a vacancy occurring
prior to the expiration date of the term for which the member's predecessor was
appointed shall hold office as a member for the remainder of that term. A
member shall continue in office subsequent to the expiration date of the
member's term until the member's successor takes office or until a period of
sixty days has elapsed, whichever occurs first.

(4)
Membership on the committee does not constitute
the holding of an incompatible public office or employment in violation of any
statutory or common law prohibition pertaining to the simultaneous holding of
more than one public office or employment. Members of the committee are not
disqualified from holding by reason of that membership and do not forfeit
because of that membership their public office or employment that qualifies
them for membership on the committee notwithstanding any contrary
disqualification or forfeiture requirement under existing Revised Code
sections.

(B)
The
director of youth services shall serve as an interim chair of the RECLAIM
advisory committee until the first meeting of the committee. Upon receipt of
the names of the members of the committee, the director shall schedule the
initial meeting of the committee that shall take place at an appropriate
location in Columbus and occur not later than sixty days after the effective
date of this section. The director shall notify the members of the committee of
the time, date, and place of the meeting. At the initial meeting, the committee
shall organize itself by selecting from among its members a chair, vice-chair,
and secretary. The committee shall meet at least once each quarter of the
calendar year but may meet more frequently at the call of the chair.

(C)
In addition to its functions with
respect to the RECLAIM program described in section
5139.41 of the Revised Code, the
RECLAIM advisory committee periodically shall do all of the following:

(1)
Evaluate the operation of the RECLAIM
program by the department of youth services, evaluate the implementation of the
RECLAIM program by the counties, and evaluate the efficiency of the formula
described in section
5139.41 of the Revised Code. In
conducting these evaluations, the committee shall consider the public policy
that RECLAIM funds are to be expended to provide the most appropriate programs
and services for felony delinquents and other youthful offenders.

(2)
Advise the department of youth services,
the office of budget and management, and the general assembly on the following
changes that the committee believes should be made:

(a)
Changes to sections of the Revised Code
that pertain to the RECLAIM program, specifically the formula specified in
section 5139.41 of the Revised Code;

(b)
Changes in the funding level
for the RECLAIM program, specifically the amounts distributed under the formula
for county allocations, community correctional facilities, and juvenile
correctional facility budgets.

(1)
There is hereby created the RECLAIM advisory committee that shall be composed
of the following nine members:

(a)
Two members
shall be juvenile court judges appointed by the Ohio association of juvenile
and family court judges.

(b)
One
member shall be the director of youth services or the director's
designee.

(c)
One member
shall be the director of budget and management or the director's
designee.

(d)
One member
shall be a member of a senate committee dealing with finance or criminal
justice issues appointed by the president of the senate.

(e)
One
member shall be a member of a committee of the house of representatives dealing
with finance or criminal justice issues appointed by the speaker of the house
of representatives.

(f)
One member
shall be a member of a board of county commissioners appointed by the county
commissioners association of Ohio.

(g)
Two
members shall be juvenile court administrators appointed by the Ohio
association of juvenile and family court judges.

(2)
The
members of the committee shall be appointed or designated within thirty days
after September 26, 2003, and the director of youth
services shall be notified of the names of the members.

(3)
Members described in divisions (A)(1)(a), (f), and (g) of this section shall
serve for terms of two years and shall hold office from the date of the
member's appointment until the end of the term for which the member was
appointed. Members described in divisions (A)(1)(b) and (c) of this section
shall serve as long as they hold the office described in that division. Members
described in divisions (A)(1)(d) and (e) of this section shall serve for the
duration of the session of the general assembly during which they were
appointed, provided they continue to hold the office described in that
division. The members described in divisions (A)(1)(a), (d), (e), (f), and (g)
may be reappointed. Vacancies shall be filled in the manner provided for
original appointments. Any member appointed to fill a vacancy occurring prior
to the expiration date of the term for which the member's predecessor was
appointed shall hold office as a member for the remainder of that term. A
member shall continue in office subsequent to the expiration date of the
member's term until the member's successor takes office or until a period of
sixty days has elapsed, whichever occurs first.

(4)
Membership on the committee does not constitute the holding of an incompatible
public office or employment in violation of any statutory or common law
prohibition pertaining to the simultaneous holding of more than one public
office or employment. Members of the committee are not disqualified from
holding by reason of that membership and do not forfeit because of that
membership their public office or employment that qualifies them for membership
on the committee notwithstanding any contrary disqualification or forfeiture
requirement under existing Revised Code sections.

(B)
The
director of youth services shall serve as an interim chair of the RECLAIM
advisory committee until the first meeting of the committee. Upon receipt of
the names of the members of the committee, the director shall schedule the
initial meeting of the committee that shall take place at an appropriate
location in Columbus and occur not later than sixty days after
September 26, 2003. The director shall notify the
members of the committee of the time, date, and place of the meeting. At the
initial meeting, the committee shall organize itself by selecting from among
its members a chair, vice-chair, and secretary. The committee shall meet at
least once each quarter of the calendar year but may meet more frequently at
the call of the chair.

(C)
In addition
to its functions with respect to the RECLAIM program described in section
5139.41 of the Revised Code, the
RECLAIM advisory committee periodically shall do all of the following:

(1)
Evaluate the operation of the RECLAIM program by the department of youth
services, evaluate the implementation of the RECLAIM program by the counties,
and evaluate the efficiency of the formula described in section
5139.41 of the Revised Code. In
conducting these evaluations, the committee shall consider the public policy
that RECLAIM funds are to be expended to provide the most appropriate programs
and services for felony delinquents and other youthful offenders.

(2)
Advise the department of youth services, the office of budget and management,
and the general assembly on the following changes that the committee believes
should be made:

(a)
Changes to
sections of the Revised Code that pertain to the RECLAIM program, specifically
the formula specified in section
5139.41 of the Revised
Code;

(b)
Changes in
the funding level for the RECLAIM program, specifically the amounts distributed
under the formula for county allocations, community correctional facilities,
and juvenile correctional facility budgets.

(1)
"Institution" means a
state facility that is created by the general assembly and that is under the
management and control of the department of youth services or a private entity
with which the department has contracted for the institutional care and custody
of felony delinquents.

(2)
"Quality assurance
program" means a comprehensive program within the department of youth services
to systematically review and improve the quality of programming, operations,
education, medical and mental health services within the department and the
department's institutions, the safety and security of persons receiving care
and services within the department and the department's institutions, and the
efficiency and effectiveness of the utilization of staff and resources in the
delivery of services within the department and the department's
institutions.

(3)
"Quality assurance
program activities" means the activities of the institution and the office of
quality assurance and improvement, of persons who provide, collect, or compile
information and reports required by the office of quality assurance and
improvement, and of persons who receive, review, or implement the
recommendations made by the office of quality assurance and improvement.
"Quality assurance program activities" include credentialing, infection
control, utilization review including access to patient care, patient care
assessments, medical and mental health records, medical and mental health
resource management, mortality and morbidity review, and identification and
prevention of medical or mental health incidents and risks, whether performed
by the office of quality assurance and improvement or by persons who are
directed by the office of quality assurance and improvement.

(4)
"Quality assurance
record" means the proceedings, records, minutes, and reports that result from
quality assurance program activities. "Quality assurance record" does not
include aggregate statistical information that does not disclose the identity
of persons receiving or providing services in institutions.

(B)
The office of quality
assurance and improvement is hereby created as an office in the department of
youth services. The director of youth services shall appoint a managing officer
to carry out quality assurance program activities.

(1)
Except as otherwise
provided in division (F) of this section, quality assurance records are
confidential and are not public records under section 149.43 of the Revised
Code and shall be used only in the course of the proper functions of a quality
assurance program.

(2)
Except as provided in
division (F) of this section, no person who possesses or has access to quality
assurance records and who knows that the records are quality assurance records
shall willfully disclose the contents of the records to any person or
entity.

(1)
Except as otherwise
provided in division (F) of this section, a quality assurance record is not
subject to discovery and is not admissible as evidence in any judicial or
administrative proceeding.

(2)
Except as provided in
division (F) of this section, no employee of the office of quality assurance
and improvement or a person who is performing a function that is part of a
quality assurance program shall be permitted or required to testify in a
judicial or administrative proceeding with respect to a quality assurance
record or with respect to any finding, recommendation, evaluation, opinion, or
other action taken by the office or program or by the person within the scope
of the quality assurance program.

(3)
Information, documents,
or records otherwise available from original sources shall not be unavailable
for discovery or inadmissible as evidence in a judicial or administrative
proceeding under division (D)(1) of this section merely because they were
presented to the office of quality assurance and improvement. No person who is
an employee of the office of quality assurance and improvement shall be
prohibited from testifying as to matters within the person's knowledge, but the
person shall not be asked about an opinion formed by the person as a result of
the person's quality assurance program activities.

(1)
A person who, without
malice and in the reasonable belief that the information is warranted by the
facts known to the person, provides information to a person engaged in quality
assurance program activities is not liable for damages in a civil action for
injury, death, or loss to person or property as a result of providing the
information.

(2)
An employee of the office
of quality assurance and improvement, a person engaged in quality assurance
program activities, or an employee of the department of youth services shall
not be liable in damages in a civil action for injury, death, or loss to person
or property for any acts, omissions, decisions, or other conduct within the
scope of the functions of the quality assurance program.

(3)
Nothing in this section
shall relieve any institution from liability arising from the treatment of a
patient.

(F)
Quality assurance records
may be disclosed, and testimony may be provided concerning quality assurance
records, only to the following persons or entities or under the following
circumstances:

(1)
Persons who are employed
or retained by the department of youth services and who have the authority to
evaluate or implement the recommendations of an institution or the office of
quality assurance and improvement;

(2)
Public or private
agencies or organizations if needed to perform a licensing or accreditation
function related to institutions or to perform monitoring of institutions as
required by law;

(3)
A governmental board or
agency, a professional health care society or organization, or a professional
standards review organization, if the records or testimony are needed to
perform licensing, credentialing, or monitoring of professional standards with
respect to medical or mental health professionals employed or retained by the
department;

(4)
A criminal or civil law
enforcement agency or public health agency charged by law with the protection
of public health or safety, if a qualified representative of the agency makes a
written request stating that the records or testimony are necessary for a
purpose authorized by law;

(5)
In a judicial or
administrative proceeding commenced by an entity described in division (F)(3)
or (4) of this section for a purpose described in that division but only with
respect to the subject of the proceedings.

(G)
A disclosure of quality
assurance records pursuant to division (F) of this section does not otherwise
waive the confidential and privileged status of the disclosed quality assurance
records. The names and other identifying information regarding individual
patients or employees of the office of quality assurance and improvement
contained in a quality assurance record shall be redacted from the record prior
to the disclosure of the record unless the identity of an individual is
necessary for the purpose for which the disclosure is being made and does not
constitute a clearly unwarranted invasion of personal privacy.

(A)
The release authority of the department of youth
services is hereby created as a bureau in the department. The release authority
shall consist of a minimum of three, but not more
than five, members who are appointed by the
director of youth services and who have the qualifications specified in
division (B) of this section. The members of the release authority shall devote
their full time to the duties of the release authority and shall neither seek
nor hold other public office. The members shall be in the unclassified civil
service.

(B)
A person appointed as a member of the release
authority shall have a bachelor's degree from an accredited college or
university or equivalent relevant experience and shall have the skills,
training, or experience necessary to analyze issues of law, administration, and
public policy. The membership of the release authority shall represent, insofar
as practicable, the diversity found in the children in the legal custody of the
department of youth services.

In appointing the
members, the director shall ensure
that the appointments include all of the following:

(1)
At least one member who has five or
more years of experience in criminal justice, juvenile justice, or an
equivalent relevant profession;

(2)
At least one member who has experience in victim services or advocacy or who
has been a victim of a crime or is a family member of a victim;

(3)
At least one member who has experience in direct care services to delinquent
children.

(C)
Members shall be appointed for
four-year terms. At the conclusion of a term, a member shall hold office until
the appointment and qualification of the member's successor. The director shall
fill a vacancy occurring before the expiration of a term for the remainder of
that term and, if a member is on extended leave or disability status for more
than thirty work days, may appoint an interim member to fulfill the duties of
that member. A member may be reappointed. A member may be removed for good
cause by the director.

(D)
The director of youth services shall designate as
chairperson of the release authority one of the members who has experience in
criminal justice, juvenile justice, or an equivalent relevant profession. The
chairperson shall be a managing officer of the department, shall supervise the
members of the board and the other staff in the bureau, and shall perform all
duties and functions necessary to ensure that the release authority discharges
its responsibilities. The chairperson shall serve as the official spokesperson
for the release authority.

(1)
Serve as
the final and sole authority for making decisions, in the interests of public
safety and the children involved, regarding the release and discharge of all
children committed to the legal custody of the department of youth services,
except children placed by a juvenile court on judicial release to court
supervision or on judicial release to department of youth services supervision,
children who have not completed a prescribed minimum period of time or
prescribed period of time in a secure facility, or children who are required to
remain in a secure facility until they attain twenty-one years of
age;

(2)
Establish written policies and procedures for conducting reviews of the status
for all youth in the custody of the department, setting or modifying dates of
release and discharge, specifying the duration, terms, and conditions of
release to be carried out in supervised release subject to the addition of
additional consistent terms and conditions by a court in accordance with
section 5139.51 of the Revised Code, and
giving a child notice of all reviews;

(3)
Maintain records of its official actions, decisions, orders, and hearing
summaries and make the records accessible in accordance with division (D) of
section 5139.05 of the Revised
Code;

(4)
Cooperate with public and private agencies, communities, private groups, and
individuals for the development and improvement of its services;

(6)
Submit
to the director an annual report that includes a description of the operations
of the release authority, an evaluation of its effectiveness, recommendations
for statutory, budgetary, or other changes necessary to improve its
effectiveness, and any other information required by the
director.

(1)
Conduct inquiries, investigations, and reviews and hold hearings and other
proceedings necessary to properly discharge its responsibilities;

(2)
Issue subpoenas, enforceable in a court of law, to compel a person to appear,
give testimony, or produce documentary information or other tangible items
relating to a matter under inquiry, investigation, review, or
hearing;

(4)
Request assistance, services, and information from a public agency to enable
the authority to discharge its responsibilities and receive the assistance,
services, and information from the public agency in a reasonable period of
time;

(5)
Request
from a public agency or any other entity that provides or has provided services
to a child committed to the department's legal custody information to enable
the release authority to properly discharge its responsibilities with respect
to that child and receive the information from the public agency or other
entity in a reasonable period of time.

(G)
The release authority may delegate
responsibilities to hearing officers or other designated staff under the
release authority's auspices. However, the release authority shall not delegate
its authority to make final decisions regarding policy or the release of a
child.

The release authority
shall adopt a written policy and procedures governing appeals of its release
and discharge decisions.

(H)
The legal staff of the department of youth
services shall provide assistance to the release authority in the formulation
of policy and in its handling of individual cases.

(A)
The
release authority of the department of youth services shall not release a child
who is in the custody of the department of youth services from institutional
care or institutional care in a secure facility and shall not discharge the
child or order the child's release on supervised release prior to the
expiration of the prescribed minimum period of institutionalization or
institutionalization in a secure facility or prior to the child's attainment of
twenty-one years of age, whichever is applicable under the order of commitment,
other than as is provided in section
2152.22 of the Revised Code. The
release authority may conduct periodic reviews of the case of each child who is
in the custody of the department and who is eligible for supervised release or
discharge after completing the minimum period of time or period of time in an
institution prescribed by the committing court. At least thirty days prior to
conducting a periodic review of the case of a child who was committed to the
department regarding the possibility of supervised release or discharge and at
least thirty days prior to conducting a release review, a release hearing, or a
discharge review under division (E) of this section, the release authority
shall give notice of the review or hearing to the court that committed the
child, to the prosecuting attorney in the case, and to the victim of the
delinquent act for which the child was committed or the victim's
representative. If a child is on supervised release and has had the child's
parole revoked, and if, upon release, there is insufficient time to provide the
notices otherwise required by this division, the release authority, at least
ten days prior to the child's release, shall provide reasonable notice of the
child's release to the court that committed the child, to the prosecuting
attorney in the case, and to the victim of the delinquent act for which the
child was committed or the victim's representative. The court or prosecuting
attorney may submit to the release authority written comments regarding, or
written objections to, the supervised release or discharge of that child.
Additionally, if the child was committed for an act that is a category one or
category two offense, the court or prosecuting attorney orally may communicate
to a representative of the release authority comments regarding, or objections
to, the supervised release or discharge of the child or, if a hearing is held
regarding the possible release or discharge of the child, may communicate those
comments at the hearing. In conducting the review of the child's case regarding
the possibility of supervised release or discharge, the release authority shall
consider any comments and objections so submitted or communicated by the court
or prosecutor and any statements or comments submitted or communicated under
section 5139.56 of the Revised Code by a
victim of an act for which the child was committed to the legal custody of the
department or by the victim's representative of a victim of an act of that
type.

The release authority shall determine the date on which a child
may be placed on supervised release or discharged. If the release authority
believes that a child should be placed on supervised release, it shall comply
with division (B) of this section. If the release authority believes that a
child should be discharged, it shall comply with division (C) or (E) of this
section. If the release authority denies the supervised release or discharge of
a child, it shall provide the child with a written record of the reasons for
the decision.

(1)
When the release authority decides to
place a child on supervised release, consistent with division (D) of this
section, the department shall prepare a written supervised release plan that
specifies the terms and conditions upon which the child is to be released from
an institution on supervised release and, at least thirty days prior to the
release of the child on the supervised release, shall send to the committing
court and the juvenile court of the county in which the child will be placed a
copy of the supervised release plan and the terms and conditions of release.
The juvenile court of the county in which the child will be placed, within
fifteen days after its receipt of the copy of the supervised release plan, may
add to the supervised release plan any additional consistent terms and
conditions it considers appropriate, provided that the court may not add any
term or condition that decreases the level or degree of supervision specified
by the release authority in the plan, that substantially increases the
financial burden of supervision that will be experienced by the department of
youth services, or that alters the placement specified by the plan.

If, within fifteen days after its receipt of the copy of the
supervised release plan, the juvenile court of the county in which the child
will be placed does not add to the supervised release plan any additional terms
and conditions, the court shall enter the supervised release plan in its
journal within that fifteen-day period and, within that fifteen-day period,
shall send to the release authority a copy of the journal entry of the
supervised release plan. The journalized plan shall apply regarding the child's
supervised release.

If, within fifteen days after its receipt of the copy of the
supervised release plan, the juvenile court of the county in which the child
will be placed adds to the supervised release plan any additional terms and
conditions, the court shall enter the supervised release plan and the
additional terms and conditions in its journal and, within that fifteen-day
period, shall send to the release authority a copy of the journal entry of the
supervised release plan and additional terms and conditions. The journalized
supervised release plan and additional terms and conditions added by the court
that satisfy the criteria described in this division shall apply regarding the
child's supervised release.

If, within fifteen days after its receipt of the copy of the
supervised release plan, the juvenile court of the county in which the child
will be placed neither enters in its journal the supervised release plan nor
enters in its journal the supervised release plan plus additional terms and
conditions added by the court, the court and the department of youth services
may attempt to resolve any differences regarding the plan within three days. If
a resolution is not reached within that three-day period, thereafter, the
supervised release plan shall be enforceable to the same extent as if the court
actually had entered the supervised release plan in its journal.

(2)
When the release
authority receives from the court a copy of the journalized supervised release
plan and, if applicable, a copy of the journalized additional terms and
conditions added by the court, the release authority shall keep the original
copy or copies in the child's file and shall provide a copy of each document to
the child, the employee of the department who is assigned to supervise and
assist the child while on release, and the committing court.

(C)
If a child who is in the
custody of the department of youth services was committed pursuant to division
(A)(1)(b), (c), (d), or (e) of section
2152.16 of the Revised Code and
has been institutionalized or institutionalized in a secure facility for the
prescribed minimum periods of time under those divisions and if the release
authority is satisfied that the discharge of the child without the child being
placed on supervised release would be consistent with the welfare of the child
and protection of the public, the release authority, without approval of the
court that committed the child, may discharge the child from the department's
custody and control without placing the child on supervised release.
Additionally, the release authority may discharge a child in the department's
custody without the child being placed on supervised release if the child is
removed from the jurisdiction of this state by a court order of a court of this
state, another state, or the United States, or by any agency of this state,
another state, or the United States, if the child is convicted of or pleads
guilty to any criminal offense, or as otherwise provided by law. At least
fifteen days before the scheduled date of discharge of the child without the
child being placed on supervised release, the department shall notify the
committing court, in writing, that it is going to discharge the child and of
the reason for the discharge. Upon discharge of the child without the child
being placed on supervised release, the department immediately shall certify
the discharge in writing and shall transmit the certificate of discharge to the
committing court.

(D)
In addition
to requirements that are reasonably related to the child's prior pattern of
criminal or delinquent behavior and the prevention of further criminal or
delinquent behavior, the release authority shall specify the following
requirements for each child whom it releases:

(2)
The child shall maintain
appropriate contact, as specified in the written supervised release plan for
that child.

(3)
The child shall not
change residence unless the child seeks prior approval for the change from the
employee of the department assigned to supervise and assist the child, provides
that employee, at the time the child seeks the prior approval for the change,
with appropriate information regarding the new residence address at which the
child wishes to reside, and obtains the prior approval of that employee for the
change.

(E)
The period
of a child's supervised release may extend from the date of release from an
institution until the child attains twenty-one years of age. If the period of
supervised release extends beyond one year after the date of release, the child
may request in writing that the release authority conduct a discharge review
after the expiration of the one-year period or the minimum period or period. If
the child so requests, the release authority shall conduct a discharge review
and give the child its decision in writing. The release authority shall not
grant a discharge prior to the discharge date if it finds good cause for
retaining the child in the custody of the department until the discharge date.
A child may request an additional discharge review six months after the date of
a previous discharge review decision, but not more than once during any
six-month period after the date of a previous discharge review decision.

(F)
At least two weeks before the
release authority places on supervised release or discharge a child who was
committed to the legal custody of the department, the release authority shall
provide notice of the release or discharge as follows:

(1)
In relation to the placement on
supervised release or discharge of a child who was committed to the department
for committing an act that is a category one or category two offense, the
release authority shall notify, by the specified deadline, all of the following
of the release or discharge:

(a)
The
prosecuting attorney of the county in which the child was adjudicated a
delinquent child and committed to the custody of the department;

(i)
If upon the supervised release or
discharge the child will reside in a municipal corporation, the chief of police
or other chief law enforcement officer of that municipal corporation;

(ii)
If upon the supervised release
or discharge the child will reside in an unincorporated area of a county, the
sheriff of that county.

(2)
In relation to the placement on
supervised release or discharge of a child who was committed to the department
for committing any act, the release authority shall notify, by the specified
deadline, each victim of the act for which the child was committed to the legal
custody of the department who, pursuant to section
5139.56 of the Revised Code, has
requested to be notified of the placement of the child on supervised release or
the discharge of the child, provided that, if any victim has designated a
person pursuant to that section to act on the victim's behalf as a victim's
representative, the notification required by this division shall be provided to
that victim's representative.

Before a youth is released from a secure facility
under the control of the department of youth services, the department of youth
services shall attempt to verify the youth's identification and social security
number. If the department is able to verify the youth's identity with a
verified birth certificate and social security number, the department shall
issue an identification card that the youth may present to the registrar or
deputy registrar of motor vehicles. If the department is not able to verify the
youth's identity with both a verified birth certificate and social security
number, the youth shall not receive an identification card under this
section.

(A)
At any time during a child's supervised release or
during the period of a child's judicial release to department of youth services
supervision, if the regional administrator or the employee of the department
assigned to supervise and assist the child has reasonable grounds to believe
that the child has violated a term or condition of the supervised release or
judicial release, the administrator or employee may request a court to issue a
summons that requires the child to appear for a hearing to answer charges of
the alleged violation. The summons shall contain a brief statement of the
alleged violation, including the date and place of the violation, and shall
require the child to appear for a hearing before the court at a specific date,
time, and place.

(1)
At any time while a child is on supervised release
or during the period of a child's judicial release to department of youth
services supervision, a regional administrator or a designee of a regional
administrator, upon application of the employee of the department assigned to
supervise and assist the child as described in this division, may issue, or
cause to be issued, an order of apprehension for the arrest of the child for
the alleged violation of a term or condition of the child's supervised release
or judicial release. An application requesting an order of apprehension shall
set forth that, in the good faith judgment of the employee of the department
assigned to supervise and assist the child making the application, there is
reasonable cause to believe that the child who is on supervised release or
judicial release to department of youth services supervision has violated or is
violating a term or condition of the child's supervised release or judicial
release, shall state the basis for that belief, and shall request that the
child be taken to an appropriate place of secure detention pending a probable
cause determination. As an alternative to an order of apprehension for the
child, a regional administrator or the employee of the department assigned to
supervise and assist the child may request a court to issue a warrant for the
arrest of the child.

Subject to the provision
of prior notice required by division (D)(1) of this section, if a regional
administrator or a designee of a regional administrator issues, in writing, an
order of apprehension for the arrest of a child, a staff member of the
department of youth services who has been designated pursuant to division
(A)(1) of section 5139.53 of the Revised Code as being authorized to arrest and
who has received the training described in division (B)(1) of that section, or
a peace officer, as defined in section 2935.01 of the Revised Code, may arrest
the child, without a warrant, and place the child in secure detention in
accordance with this section.

If a child is on
supervised release or judicial release to department of youth services
supervision, any peace officer, as defined in section 2935.01 of the Revised
Code, may arrest the child without a warrant or order of apprehension if the
peace officer has reasonable grounds to believe that the child has violated or
is violating any of the following that has been prescribed by the release
authority or department of youth services relative to the child:

(a)
A
condition that prohibits the child's ownership, possession, or use of a
firearm, deadly weapon, ammunition, or dangerous ordnance, all as defined in
section 2923.11 of the Revised Code;

(b)
A
condition that prohibits the child from being within a specified structure or
geographic area;

(c)
A condition
that confines the child to a residence, facility, or other structure;

(d)
A
condition that prohibits the child from contacting or communicating with any
specified individual;

(e)
A condition
that prohibits the child from associating with a specified
individual;

(f)
Any other
rule, term, or condition governing the conduct of the child that has been
prescribed by the release authority.

(2)
Subject to the provision of prior notice required by division (D)(1) of this
section, a staff member of the department of youth services who is designated
by the director pursuant to division (A)(1) of section 5139.53 of the Revised
Code and who has received the training described in division (B)(1) of that
section, a peace officer, as defined in section 2935.01 of the Revised Code, or
any other officer with the power to arrest may execute a warrant or order of
apprehension issued under division (B)(1) of this section and take the child
into secure custody.

(C)
A
staff member of the department of youth services who is designated by the
director of youth services pursuant to division (A)(1) of section 5139.53 of
the Revised Code and who has received the training described in division (B)(1)
of that section, a peace officer, as defined in section 2935.01 of the Revised
Code, or any other officer with the power to arrest may arrest without a
warrant or order of apprehension and take into secure custody a child in the
legal custody of the department, if the staff member, peace officer, or other
officer has reasonable cause to believe that the child who is on supervised
release or judicial release to department of youth services supervision has
violated or is violating a term or condition of the supervised release or
judicial release in any of the following manners:

(1)
The
child committed or is committing an offense or delinquent act in the presence
of the staff member, peace officer, or other officer.

(2)
There is probable cause to believe that the child violated a term or condition
of supervised release or judicial release and that the child is leaving or is
about to leave the state.

(3)
The
child failed to appear before the release authority pursuant to a summons for a
modification or failed to appear for a scheduled court hearing.

(4)
The
arrest of the child is necessary to prevent physical harm to another person or
to the child.

(1)
Except as otherwise provided in this division, prior to arresting a child under
this section, either in relation to an order of apprehension or a warrant for
arrest or in any other manner authorized by this section, a staff member or
employee of the department of youth services shall provide notice of the
anticipated arrest to each county, municipal, or township law enforcement
agency with jurisdiction over the place at which the staff member or employee
anticipates making the arrest. A staff member or employee is not required to
provide the notice described in this division prior to making an arrest in any
emergency situation or circumstance described under division (C) of this
section.

(2)
If a child is arrested under this section and if
it is known that the child is on supervised release or judicial release to
department of youth services supervision, a juvenile court, local juvenile
detention facility, or jail shall notify the appropriate department of youth
services regional office that the child has been arrested and shall provide to
the regional office or to an employee of the department of youth services a
copy of the arrest information pertaining to the arrest.

(3)
Nothing in this section limits the power to make an arrest that is granted to
specified peace officers under section 2935.03 of the Revised Code, to any
person under section 2935.04 of the Revised Code, or to any other specified
category of persons by any other provision of the Revised Code, or the power to
take a child into custody that is granted pursuant to section 2151.31 of the
Revised Code.

(E)
If
a child who is on supervised release or who is under a period of judicial
release to department of youth services supervision is arrested under an order
of apprehension, under a warrant, or without a warrant as described in division
(B)(1), (B)(2), or (C) of this section and taken into secure custody, all of
the following apply:

(1)
If no motion
to revoke the child's supervised release or judicial release has been filed
within seventy-two hours after the child is taken into secure custody, the
juvenile court, in making its determinations at a detention hearing as to
whether to hold the child in secure custody up to seventy-two hours so that a
motion to revoke the child's supervised release or judicial release may be
filed, may consider, in addition to all other evidence and information
considered, the circumstances of the child's arrest and, if the arrest was
pursuant to an order of apprehension, the order and the application for the
order.

(2)
If no motion
to revoke the child's supervised release or judicial release has been filed
within seventy-two hours after the child is taken into secure custody and if
the child has not otherwise been released prior to the expiration of that
seventy-two-hour period, the child shall be released upon the expiration of
that seventy-two-hour period.

(3)
If
the person is eighteen, nineteen, or twenty years of age, the person may be
confined in secure detention in the jail of the county in which the person is
taken into custody. If the person is under eighteen years of age, the person
may be confined in secure detention in the nearest juvenile detention
facility.

(4)
If a motion
to revoke the child's supervised release or judicial release is filed after the
child has been taken into secure custody and the court decides at the detention
hearing to release the child from secure custody, the court may release the
child on the same terms and conditions that are currently in effect regarding
the child's supervised release or judicial release, pending revocation or
subsequent modification.

(F)
If
a child who is on supervised release is arrested under an order of
apprehension, under a warrant, or without a warrant as described in division
(B)(1), (B)(2), or (C) of this section and taken into secure custody, and if a
motion to revoke the child's supervised release is filed, the juvenile court of
the county in which the child is placed promptly shall schedule a time for a
hearing on whether the child violated any of the terms and conditions of the
supervised release. If a child is released on supervised release and the
juvenile court of the county in which the child is placed otherwise has reason
to believe that the child has not complied with the terms and conditions of the
supervised release, the court of the county in which the child is placed, in
its discretion, may schedule a time for a hearing on whether the child violated
any of the terms and conditions of the supervised release. If the court of the
county in which the child is placed on supervised release conducts a hearing
and determines at the hearing that the child did not violate any term or
condition of the child's supervised release, the child shall be released from
custody, if the child is in custody at that time, and shall continue on
supervised release under the terms and conditions that were in effect at the
time of the child's arrest, subject to subsequent revocation or modification.
If the court of the county in which the child is placed on supervised release
conducts a hearing and determines at the hearing that the child violated one or
more of the terms and conditions of the child's supervised release, the court,
if it determines that the violation was a serious violation, may revoke the
child's supervised release, reinstate the original
order of commitment of the child, and order the child to be returned to
the department of youth services for institutionalization or, in any case, may
make any other disposition of the child authorized by law that the court
considers proper. If the court orders the child to be returned to a department
of youth services institution, the child shall remain institutionalized for a
minimum period of ninety days, the department shall not reduce the
minimum ninety-day period of institutionalization for any time
that the child was held in secure custody subsequent to the child's arrest and
pending the revocation hearing and the child's return to the department, the
release authority, in its discretion, may require the child to remain in
institutionalization for longer than the minimum ninety-day period, the child is not eligible for judicial
release or early release during the minimum ninety-day period of institutionalization
, and
the period of institutionalization shall be served concurrently with any other
commitment to the department of youth services. If the court orders the child
to be returned to a department of youth services institution, the time during
which the child was confined pursuant to division (B) of section 2152.18 of the
Revised Code and the time during which the child was held in a secure
department facility prior to the child's release shall be considered as time
served in fulfilling the original order of commitment but shall not
reduce the minimum ninety-day period of
institutionalization.

This division does not
apply regarding a child who is under a period of judicial release to department
of youth services supervision. Division (E) of section 2152.22 of the Revised
Code applies in relation to a child who is under a period of judicial release
to department of youth services supervision.

(G)
The department of youth services shall assess and
provide appropriate programming for a child who is returned to a department of
youth services institution under this section.

(1)
The director of youth services shall designate
certain employees of the department of youth services, including regional
administrators, as persons who are authorized, in accordance with section
5139.52 of the Revised Code, to
execute an order of apprehension or a warrant for, or otherwise to arrest,
children in the custody of the department who are violating or are alleged to
have violated the terms and conditions of supervised release or judicial
release to department of youth services supervision.

(2)
The director of youth services may designate some
of the employees designated under division (A)(1) of this section as employees
authorized to carry a firearm issued by the department while on duty for their
protection in carrying out official duties.

(1)
An employee
of the department designated by the director pursuant to division (A)(1) of
this section as having the authority to execute orders of apprehension or
warrants and to arrest children as described in that division shall not
undertake an arrest until the employee has successfully completed training
courses regarding the making of arrests by employees of that nature that are
developed in cooperation with and approved by the executive director of the
Ohio peace officer training commission. The courses shall include, but shall
not be limited to, training in arrest tactics, defensive tactics, the use of
force, and response tactics.

(2)
The director of youth services shall develop, and shall submit to the governor
for the governor's approval, a deadly force policy for the department. The
deadly force policy shall require each employee who is designated under
division (A)(2) of this section to carry a firearm in the discharge of official
duties to receive training in the use of deadly force, shall specify the number
of hours and the general content of the training in the use of deadly force
that each of the designated employees must receive, and shall specify the
procedures that must be followed after the use of deadly force by any of the
designated employees. Upon receipt of the policy developed by the director
under this division, the governor, in writing, promptly shall approve or
disapprove the policy. If the governor, in writing, disapproves the policy, the
director shall develop and resubmit a new policy under this division, and no
employee shall be trained under the disapproved policy. If the governor, in
writing, approves the policy, the director shall adopt it as a department
policy and shall distribute it to each employee designated under (A)(2) of this
section to carry a firearm in the discharge of official duties. An employee
designated by the director pursuant to division (A)(2) of this section to carry
a firearm in the discharge of official duties shall not carry a firearm until
the employee has successfully completed both of the following:

(a)
Training in the use of deadly force that
comports with the policy approved by the governor and developed and adopted by
the director under division (B)(2) of this section. The training required by
this division shall be conducted at a training school approved by the Ohio
peace officer training commission and shall be in addition to the training
described in divisions (B)(1) and (2)(b) of this section that the employee must
complete prior to undertaking an arrest and separate from and independent of
the training required by division (B)(2)(b) of this section.

(b)
A basic firearm training program that is
conducted at a training school approved by the Ohio peace officer training
commission and that is substantially similar to the basic firearm training
program for peace officers conducted at the Ohio peace officer training academy
and has received a certificate of satisfactory completion of that program from
the executive director of the Ohio peace officer training commission. The
training described in this division that an employee must complete prior to
carrying a firearm shall be in addition to the training described in division
(B)(1) of this section that the employee must complete prior to undertaking an
arrest.

(C)
After receipt of a certificate of satisfactory completion of a basic firearm
training program, to maintain the right to carry a firearm in the discharge of
official duties, an employee authorized under this section to carry a firearm
shall successfully complete a firearms requalification program in accordance
with section
109.801 of the Revised Code.

(D)
Each employee authorized to
carry a firearm shall give bond to the state to be approved by the clerk of the
court of common pleas in the county of that employee's residence. The bond
shall be in the sum of one thousand dollars, conditioned to save the public
harmless by reason of the unlawful use of a firearm. A person injured or the
family of a person killed by the employee's improper use of a firearm may have
recourse on the bond.

(E)
In
addition to the deadly force policy adopted under division (B)(2) of this
section, the director of youth services shall establish policies for the
carrying and use of firearms by the employees that the director designates
under this section.

(A)
Notwithstanding any other provision for
determining when a child shall be released or discharged from the legal custody
of the department of youth services, including jurisdictional provisions in
section 2152.22 of the Revised Code, the
release authority, for medical reasons, may release a child upon supervised
release or discharge the child from the custody of the department when any of
the following applies:

(1)
The child is
terminally ill or otherwise in imminent danger of death.

(2)
The
child is incapacitated due to injury, disease, illness, or other medical
condition and is no longer a threat to public safety.

(3)
The
child appears to be a mentally ill person subject to court order, as defined in
section 5122.01 of the Revised Code, or
a person
with an intellectual disability subject to
institutionalization by court order, as defined in section
5123.01 of the Revised
Code.

(B)
When considering whether to release or discharge a
child under this section for medical reasons, the release authority may request
additional medical information about the child or may ask the department to
conduct additional medical examinations.

(C)
The release authority shall determine the appropriate level of supervised
release for a child released under this section. The terms and conditions of
the release may require periodic medical reevaluations as appropriate. Upon
granting a release or discharge under this section, the release authority shall
give notice of the release and its terms and conditions or of the discharge to
the court that committed the child to the custody of the department.

(D)
The release authority shall submit annually to the director of youth services a
report that includes all of the following information for the previous calendar
year:

(1)
The number
of children the release authority considered for medical release or
discharge;

(2)
The nature
of the injury, disease, illness, or other medical condition of each child
considered for medical release or discharge;

(3)
The
decision made by the release authority for each child, including the reasons
for denying medical release or discharge or for granting it;

(4)
The
number of children on medical release who were returned to a secure facility or
whose supervised release was revoked.

(1)
The office of victims' services is hereby created
within the release authority of the department of youth services. The office of
victims' services shall provide assistance to victims, victims'
representatives, and members of a victim's family. The assistance shall
include, but shall not be limited to, all of the following:

(a)
If the court has provided the name and
address of the victims of the child's acts to the department of youth services,
notification that the child has been committed to the department, notification
of the right of the victim or another authorized person to designate a person
as a victim's representative under section
5139.56 of the Revised Code and of
the actions that must be taken to make that designation, and notification of
the right to be notified of release reviews, pending release hearings,
revocation reviews, and discharge reviews related to that child and of the
right to participate in release proceedings under that section and of the
actions that must be taken to exercise those rights;

(b)
The provision of information about the
policies and procedures of the department of youth services and the status of
children in the legal custody of the department.

(2)
The office shall make available information to
assist victims of delinquent children on supervised release or in a secure
facility.

(B)
The
office of victims' services shall employ a victims administrator who shall
administer the duties of the office. The victims administrator shall be in the
unclassified civil service and a managing officer of the department. The office
shall employ other staff members to assist the members of the release authority
and hearing representatives in identifying victims' issues, ensure that the
release authority upholds the provisions of section
5139.56 of the Revised Code, and
make recommendations to the release authority in accordance with policies
adopted by the department.

(C)
The office of victims' services shall coordinate its activities with the
chairperson of the release authority. The victims administrator and other
employees of the office shall have full access to the records of children in
the legal custody of the department in accordance with division (D) of section
5139.05 of the Revised Code.

(A)
The victim
of an act for which a child has been committed to the legal custody of the
department of youth services may submit a written request to the release
authority to notify the victim of all release reviews, pending release
hearings, supervised release revocation hearings, and discharge reviews
relating to the child, of the placement of the child on supervised release, and
of the discharge of the child. If the victim is a minor, is incapacitated,
incompetent, or chooses to be represented by another person, the victim may
designate in writing a person to act on the victim's behalf as a victim's
representative and to request and receive the notices. If the victim is
deceased, the executor or administrator of the victim's estate or, if there is
no executor or administrator of the victim's estate, a member of the victim's
family may designate in writing a person to act on the victim's behalf as a
victim's representative and to request and receive the notices. If more than
one person seeks to act as the representative of the victim, the release
authority shall designate one person to act as the victim's representative. If
the victim chooses not to have a representative, the victim shall be the sole
person accorded rights under this section. The release authority may give
notice by any means reasonably calculated to provide prompt actual notice.

If a victim, an executor or administrator, or a member of a
victim's family designates a person in writing pursuant to this division to act
on the victim's behalf as a victim's representative, the victim, executor,
administrator, or family member, or the victim's representative, shall notify
the release authority that the victim's representative is to act for the
victim. A victim, executor, administrator, or member of a victim's family who
has designated a person in writing pursuant to this division to act on the
victim's behalf as a victim's representative may revoke the authority of that
person to act as the victim's representative. Upon the revocation, the victim,
executor, administrator, or member of the victim's family shall notify the
release authority in writing that the authority of the person to so act has
been revoked. At any time after the revocation, the victim, executor,
administrator, or member of the victim's family may designate in writing a
different person to act on the victim's behalf as a victim's representative.

The victim or victim's representative shall provide the release
authority an address or telephone number at which notice may be given and shall
notify the release authority in writing of any changes in that information. If
at any time the victim or victim's representative elects to waive notice and
other rights afforded by this section, the victim or victim's representative
may do so in a written statement to the release authority.

(B)
If a victim or victim's representative
has requested notice of release reviews, pending release hearings, supervised
release revocation hearings, and discharge reviews related to a child, of the
placement of the child on supervised release, and of the discharge of the
child, the release authority shall give that person notice of a release review,
release hearing, or discharge review at least thirty days prior to the date of
the review or hearing. The notice shall specify the date, time, and place of
the review or hearing, the right of the victim or victim's representative to
make an oral or written statement addressing the impact of the offense or
delinquent act upon the victim or oral or written comments regarding the
possible release or discharge, and, if the notice pertains to a hearing, the
right to attend, and make the statements or comments at the hearing. Upon
receiving notice that a release hearing is scheduled, a victim or victim's
representative who intends to attend the release hearing, at least two days
prior to the hearing, shall notify the release authority of the victim's or
representative's intention to be present at the release hearing so that the
release authority may ensure appropriate accommodations and security. If the
child is placed on supervised release or is discharged, the release authority
shall provide notice of the release or discharge to the victim or victim's
representative in accordance with division (F) of section
5139.51 of the Revised Code. If
the child is on supervised release, if a court has scheduled a hearing pursuant
to division (F) of section
5139.52 of the Revised Code to
consider the revocation of the supervised release, and if the release authority
has been informed of the hearing, the release authority promptly shall notify
the victim or victim's representative of the date, time, and place of the
hearing.

(C)
If a victim or
victim's representative has requested notice of release reviews, pending
release hearings, supervised release revocation hearings, and discharge reviews
related to a child, of the placement of the child on supervised release, and of
the discharge of the child, and if a release review, release hearing, or
discharge review is scheduled or pending, the release authority shall give that
person an opportunity to provide a written statement or communicate orally with
a representative of the release authority regarding the possible release or
discharge or to make oral or written comments regarding the possible release or
discharge to a representative of the release authority, regardless of whether
the victim or victim's representative is present at a hearing on the matter. If
a victim or victim's representative is present at a release hearing, the
authority shall give that person an opportunity to make the oral or written
statement or comments at the hearing. The oral or written statement and
comments may address the impact of the offense or delinquent act upon the
victim, including the nature and extent of any harm suffered, the extent of any
property damage or economic loss, any restitution ordered by the committing
court and the progress the child has made toward fulfillment of that
obligation, and the victim's recommendation for the outcome of the release
hearing. A written statement or written comments submitted by a victim or a
victim's representative under this section are confidential, are not a public
record, and shall be returned to the release authority at the end of a release
hearing by any person who receives a copy of them.

At a release hearing before the release authority, a victim or
victim's representative may be accompanied by another person for support, but
that person shall not act as a victim's representative. The release authority
and other employees of the department of youth services shall make reasonable
efforts to minimize contact between the child and the victim, victim's
representative, or support person before, during, and after the hearing. The
release authority shall use a separate waiting area for the victim, victim's
representative, and support person if a separate area is available.

(D)
At no time shall a
victim or victim's representative be compelled to disclose the victim's
address, place of employment, or similar identifying information to the child
or the child's parent or legal guardian. Upon request of a victim or a victim's
representative, the release authority shall keep in its files only the address
or telephone number to which it shall send notice of a release review, pending
release hearing, supervised release revocation hearing, discharge review, grant
of supervised release, or discharge.

(E)
No employer shall discharge, discipline, or
otherwise retaliate against a victim or victim's representative for
participating in a hearing before the release authority. This division
generally does not require an employer to compensate an employee for time lost
as a result of attendance at a hearing before the release authority.

(F)
The release authority shall make
reasonable, good faith efforts to comply with the provisions of this section.
Failure of the release authority to comply with this section does not give rise
to a claim for damages against the release authority and does not require
modification of a final decision by the release authority.

(G)
If a victim is in the legal custody of the
department of youth services and resides in a secure facility or in another
secure residential program, including a community corrections facility, or is
incarcerated, the release authority may modify the victim's rights under this
section to prevent a security risk, hardship, or undue burden upon a public
official or agency with a duty under this section. If the victim resides in
another state under similar circumstances, the release authority may make
similar modifications of the victim's rights.

(A)
Whenever
any child under the jurisdiction of the department of youth services dies, and
any personal funds or property of the child remain in the hands of the
department and no demand is made upon the department by the decedent's legally
appointed executor or administrator, all money and other personal property of
the decedent remaining in the custody or possession of the department shall be
held by the department for a period of one year from the date of death of the
decedent, for the benefit of the heirs, legatees, or successors in interest of
the decedent, during which time the department shall make a reasonable effort
to locate the owner or his legally appointed executor or administrator.

Upon the expiration of the one-year period, any money remaining
unclaimed in the custody or possession of the department shall be delivered to
the state treasurer for deposit in the general revenue fund, except that of the
total amount of unclaimed money in a child's personal account, the department
may transfer an amount not to exceed one hundred dollars to the industrial and
entertainment fund established under the authority of section
5139.86 of the Revised Code.

Upon the expiration of the one-year period, all personal
property, other than cash, remaining unclaimed in the custody or possession of
the department shall be disposed of as provided in division (C) of this
section.

(B)
Whenever any
child under the jurisdiction of the department of youth services escapes, or is
discharged or paroled, and any personal funds in excess of twenty dollars or
property of the child remain in the hands of the department, and no demand is
made upon the department by the owner of the funds or property or his legally
appointed representative, all money in excess of twenty dollars and other
intangible property of the child, other than deeds, contracts, assignments, or
transfers, remaining in the custody or possession of the department shall be
held for the period of the minority of such ward and for a period of one year
thereafter, for the benefit of such ward or his successors in interest, during
which time the department shall make reasonable effort to locate the owner or
his legally appointed executor or administrator.

Any personal funds in amounts of twenty dollars or less shall
be transferred to the industrial and entertainment fund established under
section 5139.86 of the Revised Code unless
they are demanded by the child or his legal representative at the time of
discharge or parole.

Upon the expiration of such period of time, any money in excess
of twenty dollars or other intangible personal property, other than deeds,
contracts, assignments, or transfers, remaining unclaimed in custody or
possession of the department shall be delivered to the state treasurer for
deposit in the general revenue fund, except that of the total amount of
unclaimed money in a child's personal account, the department may transfer an
amount not to exceed one hundred dollars to the industrial and entertainment
fund established under the authority of section
5139.86 of the Revised Code. Upon
the expiration of one year from the date of such escape, discharge, or parole,
any tangible personal property shall be disposed of as provided in division (C)
of this section.

(C)
Any
property remaining after the provisions of divisions (A) and (B) of this
section have been complied with shall be disposed of as follows:

(1)
All deeds, contracts, assignments, or
transfers shall be filed by the department with the county recorder of the
county of commitment of such child or as otherwise provided by law.

(2)
All tangible personal property other than
money, remaining unclaimed in the department's custody or possession, shall be
sold by the department at public auction and the proceeds of the sale delivered
to the state treasurer for deposit in the general revenue fund. If the
department considers it expedient, it may accumulate the property of several
children and sell the property in such lots as it may determine, provided that
it makes a determination as to each child's share of the proceeds.

(3)
If any tangible personal property covered
by this section is not salable at public auction, or if it has no intrinsic
value, or if the value is not sufficient to justify its retention by the
department to be offered for sale at public auction at a later date, the
department may order it destroyed.

(A)
Each
managing officer of an institution or regional office under the jurisdiction of
the department of youth services, with the approval of the director of the
department, may establish local funds designated as follows:

(1)
The cafeteria fund, created and
maintained for the benefit of the institution, into which shall be deposited
all money received from the sale of cafeteria meals. The fund shall be used to
pay costs of providing employee meals, and to reimburse the employee food
service fund for amounts spent from that fund to support cafeteria operations.
Reimbursements to the employee food service fund shall be made in such amounts
and at such times as directed by the director of budget and management.

(2)
The industrial and
entertainment fund, created and maintained for the benefit of the children
confined in the institution or placed in the region. The fund shall receive
profits from commissary sales, any vocational education programs provided under
section 5139.131 of the Revised Code,
vending machine leases, and yearbook sales; unclaimed youth benefit funds; any
moneys received from commissions on telephone systems established for the use
of confined children; any amounts transferred to the fund pursuant to division
(A) or (B) of section
5139.85 of the Revised Code; and
any donations designated for the benefit of confined children or children
placed in the region. Expenditures from the industrial and entertainment fund
shall be used solely for the benefit of the children confined in the
institution or placed in the region.

(3)
The youth benefit fund, created and
maintained for the benefit of the children who are confined in the institution
or placed in the region. The fund may receive and disburse all benefits that
are due a child, including, but not limited to, social security payments,
railroad retirement payments, veterans administration payments, any allowances,
and any monetary compensation of the child as provided in section
5139.07 of the Revised Code.

(B)
The managing
officer of the institution or regional office, subject to the approval of the
director of the department, shall establish policies and procedures for the
operation of the cafeteria fund, industrial and entertainment fund, and youth
benefit fund.

(C)
There is hereby
created in the state treasury the employee food service fund, consisting of
money received from institutional cafeterias and money received from the sale
of surplus property. The fund shall be used to purchase food, supplies, and
cafeteria equipment for the institutions.

(D)
As used in this section, "profits" means the
revenue from the sale of commissary items over and above operating costs and a
reserve established by the managing officer of the institution.

(A)
The
department of youth services shall serve as the state agent for the
administration of all federal juvenile justice grants awarded to the state.

(B)
There are hereby created in
the state treasury the federal juvenile justice programs funds. A separate fund
shall be established each federal fiscal year. All federal grants and other
moneys received for federal juvenile programs shall be deposited into the
funds. All receipts deposited into the funds shall be used for federal juvenile
programs. All investment earnings on the cash balance in a federal juvenile
program fund shall be credited to that fund for the appropriate federal fiscal
year.

(C)
All rules, orders, and
determinations of the office of criminal justice services regarding the
administration of federal juvenile justice grants that are in effect on the
effective date of this amendment shall continue in effect as rules, orders, and
determinations of the department of youth services.